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KMITIS v. MACY'S, INC.

2021-01683. Index No. 2816/16.

208 A.D.3d 467 (2022)

171 N.Y.S.3d 356

2022 NY Slip Op 04796

Geraldine Kmitis, Appellant, v. Macy's, Inc., et al., Respondents, et al., Defendants.

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Santucci & Calderoni, PLLC, Bronx, NY ( Fred T. Santucci, Jr. , of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York, NY ( Paul M. Tarr of counsel), for respondents.

Connolly, J.P., Maltese, Wooten and Genovesi, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On October 30, 2015, the plaintiff allegedly was injured when she slipped and fell on a tomato on the floor of a department store owned and operated by the defendants Macy's, Inc., and Macy's Corporate Services, Inc. (hereinafter together the defendants). In April 2016, the plaintiff commenced this action to recover damages for personal injuries against, among others, the defendants. Thereafter...

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