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FLORES v. HARVEST MOON FARM & ORCHARD

2020-07029, Index No. 68122/18.

206 A.D.3d 623 (2022)

169 N.Y.S.3d 134

2022 NY Slip Op 03498

Carmen Castro Flores et al., Appellants, v. Harvest Moon Farm & Orchard, Respondent.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

Martino & Weiss, Rye Brook, NY ( Douglas J. Martino of counsel), for appellants.

Erlich & Gayner, LLP, New York, NY ( Charles J. Gayner of counsel), for respondent.

Duffy, J.P., Brathwaite Nelson, Iannacci and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff Carmen Castro Flores (hereinafter the injured plaintiff) allegedly was injured when she slipped and fell on hay, straw, or dried, cut grass, while walking on the grass in an apple orchard owned by the defendant. The injured plaintiff, and her husband suing derivatively, commenced this action, inter alia, to recover damages for personal injuries. After discovery...

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