Phillips v. McClellan Street Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGraffeo, J.
Appeal from an order of the Supreme Court (Caruso, J.), entered September 11, 1998 in Schenectady County, which granted defendants’ motion for summary judgment dismissing the complaint.
Plaintiff Mary Phillips (hereinafter plaintiff), and her husband derivatively, commenced this action to recover for injuries plaintiff sustained as the result of a slip and fall which occurred in a supermarket operated by defendants Golub Corporation and Price Chopper Operating Company (hereinafter collectively referred to as Price Chopper). The accident was allegedly caused by the presence of a grape on the…
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