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LEVIN v. PRICE CHOPPER OPERATING COMPANY, INC.

512787.

94 A.D.3d 1180 (2012)

941 N.Y.S.2d 781

2012 NY Slip Op 2538

ANDREA LEVIN et al., Appellants, v. PRICE CHOPPER OPERATING COMPANY, INC., et al., Respondents.

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

Decided April 5, 2012.

STEIN, J.

Plaintiff Andrea Levin (hereinafter plaintiff) was shopping in defendants' store in the Town of Colonie, Albany County when she stepped on a strawberry near the bakery section, causing her to slip and fall. Plaintiff and her husband, derivatively, commenced this action seeking damages for injuries allegedly sustained as a result of the accident. After depositions were conducted, defendants moved for summary judgment...

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