Schortemeyer v. K-Mart Corp.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 18, 1999, as granted the motion of the defendant third-party plaintiff for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellants.

The infant plaintiff claims that she slipped and fell on an accumulation of water in the defendant’s store. She testified at an examination before trial that she did not…