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ANDREWS v. JCP GROCERIES, INC.

630 CA 21-01636.

208 A.D.3d 1607 (2022)

175 N.Y.S.3d 389

2022 NY Slip Op 05422

Donna Andrews et al., Appellants, v. JCP Groceries, Inc., Doing Business as Save-a-Lot Food Stores, Respondent.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

ALEXANDER & ASSOCIATES, EAST SYRACUSE ( JAMES L. ALEXANDER OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

OSBORN, REED & BURKE, LLP, ROCHESTER ( MICHAEL C. PRETSCH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Centra, Lindley, Curran and Winslow, 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 the complaint, as amplified by the bill of particulars, alleges that defendant had constructive notice of the allegedly dangerous condition, and as modified the order is affirmed without costs.

Memorandum: In this personal injury action arising from an accident in which Donna Andrews (plaintiff) slipped and...

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