GUERRERO v. DUANE READE, INC.

11328, 308503/09

112 A.D.3d 496 (2013)

976 N.Y.S.2d 385

2013 NY Slip Op 8364

JULIO GUERRERO, Appellant, v. DUANE READE, INC., Respondent.

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

Decided December 12, 2013.


Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered November 23, 2012, which granted defendant Duane Reade, Inc.'s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

In this slip and fall action, defendant failed to establish as a matter of law that it did not create or have actual or constructive notice of a hazardous condition, since it failed to offer specific evidence as...

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