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BECKERLEG v. TRACTOR SUPPLY COMPANY

515550.

107 A.D.3d 1208 (2013)

968 N.Y.S.2d 641

2013 NY Slip Op 4402

TOM BECKERLEG, Respondent, v. TRACTOR SUPPLY COMPANY, Appellant.

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

Decided June 13, 2013.

Lahtinen, J.P.

Plaintiff allegedly slipped and fell on dry dog food that had spilled from a broken bag into an aisle at defendant's store. He commenced this negligence action seeking damages for injuries that he claims he sustained in the fall. Following disclosure, defendant moved for summary judgment dismissing the complaint contending that it had neither actual nor constructive notice of the spilled dog food. Supreme Court found factual issues regarding

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