ARGHITTU-ATMEKJIAN v. TJX COS., INC.

963 CA 20-00504.

193 A.D.3d 1395 (2021)

147 N.Y.S.3d 795

2021 NY Slip Op 02689

Josephine Arghittu-Atmekjian, Appellant, v. The TJX Companies, Inc., Respondent.

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

DENIS A. KITCHEN, JR. , WILLIAMSVILLE, FOR PLAINTIFF-APPELLANT.

McANDREW, CONBOY & PRISCO, MELVILLE ( MARY C. AZZARETTO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint insofar as it alleges that defendant had constructive notice of the allegedly dangerous condition and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained when she slipped on water inside a store owned by defendant. Defendant moved...

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