PERSAUD v. S AND K GREEN GROCERIES, INC.

2009-09733

72 A.D.3d 778 (2010)

898 N.Y.S.2d 255

SHANMATTEE L. PERSAUD, Respondent, v. S AND K GREEN GROCERIES, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 13, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

On the afternoon of March 17, 2007, the plaintiff was selecting produce from an outdoor stand owned and operated by the defendants as part of their fruit and produce store. The plaintiff allegedly was injured when a large section of ice, which had allegedly formed atop the awning of the defendants' store, came loose, fell, and struck her on the head. It was not disputed that there had been snow...

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