SCHOEN v. TOPS MARKETS, LLC

21 CA 17-01541.

159 A.D.3d 1342 (2018)

71 N.Y.S.3d 792

2018 NY Slip Op 01705

BARBARA S. SCHOEN, Respondent, v. TOPS MARKETS, LLC, Appellant.

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

Decided March 16, 2018.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in part, and the complaint is dismissed to the extent that the complaint, as amplified by the bill of particulars, alleges that defendant had actual notice of or created the allegedly dangerous condition.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained when she slipped and fell on "hair...

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