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FARRELL v. WALDBAUM'S, INC.

2009-09365

73 A.D.3d 846 (2010)

900 N.Y.S.2d 453

GLENN FARRELL et al., Respondents, v. WALDBAUM'S, INC., et al., Appellants.

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

Decided May 11, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff Glenn Farrell (hereinafter the injured plaintiff), allegedly was injured when he slipped and fell on grapes that were scattered on the floor of the produce aisle at a Waldbaum's supermarket in Bayside, Queens. Prior to his accident, the injured plaintiff observed two produce clerks stacking grapes onto a display in the area where he fell. The injured plaintiff and his wife, suing derivatively, commenced...

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