MANTZOUTSOS v. 150 STREET PRODUCE CORP.

2009-11124

76 A.D.3d 549 (2010)

907 N.Y.S.2d 34

MARIA MANTZOUTSOS et al., Respondents, v. 150 STREET PRODUCE CORP. et al., Appellants.

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

Decided August 10, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The injured plaintiff fell in the produce aisle of the defendants' supermarket. The injured plaintiff commenced this action to recover damages for personal injuries allegedly sustained in the fall and her husband, suing derivatively, asserted a claim for loss of services. The bill of particulars alleged, in substance, that...

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