FORTUNE v. WESTERN BEEF, INC.

2018-08454. Index No. 83/15.

178 A.D.3d 671 (2019)

115 N.Y.S.3d 93

2019 NY Slip Op 08656

Nicole Fortune, Appellant, v. Western Beef, Inc., Respondent.

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

Decided December 4, 2019.


Attorney(s) appearing for the Case

Becker & D'Agostino, P.C., New York, NY ( Michael D'Agostino of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, NY ( Anthony J. Genovesi of counsel), for respondent.

Dillon, J.P., Cohen, Barros and Connolly, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly was injured when she slipped and fell on a "slimy, thick, clear" liquid on the floor inside a supermarket owned and operated by the defendant. The plaintiff subsequently commenced this action to recover damages for personal injuries, alleging that the defendant was negligent...

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