VAZQUEZ v. GENOVESE DRUG STORES, INC.

Nos. 5643, 305715/09

88 A.D.3d 467 (2011)

930 N.Y.S.2d 444

2011 NY Slip Op 6982

ANA MARIA VAZQUEZ et al., Appellants, v. GENOVESE DRUG STORES, INC., Respondent.

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

Decided October 6, 2011.


Plaintiffs allege that Ana Maria Vazquez was injured when she tripped and fell over a raised portion of a rug in the entranceway of defendant's drugstore. At her deposition, she testified that everything looked "normal," and that she did not see the raised portion until she looked at the rug after her fall.

On summary judgment, defendant demonstrated prima facie entitlement to judgment as a matter of law by showing that it neither created nor had actual notice of...

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