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FALCO-AVERETT v. WAL-MART STORES, INC.

2017-04902. Index No. 13289/14.

174 A.D.3d 506 (2019)

101 N.Y.S.3d 642

2019 NY Slip Op 05388

Frances Falco-Averett et al., Appellants, v. Wal-Mart Stores, Inc., et al., Respondents.

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

Decided July 3, 2019.

Ordered that the order is affirmed, with costs.

The plaintiff Frances Falco-Averett (hereinafter the plaintiff), and her husband suing derivatively, commenced this action to recover damages for personal injuries the plaintiff alleges she sustained when she slipped and fell on a blue liquid in a store owned by the defendants. After joinder of issue, the defendants moved for summary judgment dismissing the complaint. The...

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