FLAIM v. HEX FOOD, INC.

2009-10353.

79 A.D.3d 797 (2010)

912 N.Y.S.2d 426

SYLVIA FLAIM, Appellant, v. HEX FOOD, INC., Doing Business as PRICE CHOICE, et al., Respondents, et al., Defendants.

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

Decided December 14, 2010.


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

The plaintiff allegedly tripped and fell over a so-called "U-boat" dolly which had been left unattended in the middle of a supermarket aisle. The supermarket was owned by the defendants Hex Food, Inc., doing business as Price Choice, and Hex Food Inc., doing business as Price Rite Food Market (hereinafter together the defendants). At her deposition, the plaintiff testified that, at the time of...

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