Summary
In Moss v. JNK Capital Ltd., 85 N.Y.2d 1005, 631 N.Y.S.2d 280, 655 N.E.2d 393 (1995), aff'g, 211 A.D.2d 769, 621 N.Y.S.2d 679, (2nd Dept., 1995), the plaintiff allegedly slipped and fell on a half-eaten plum which was on the floor of the respondent's store.
Summary of this case from Crapanzano v. Balkon Realty Co.Opinion
Decided June 8, 1995
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, James A. Gowan, J.
Ciarelli Dempsey, Melville (Patricia A. Dempsey of counsel), for appellant.
Kral, Clerkin, Redmond, Ryan, Perry Girvan, Mineola (Henry M. Primavera of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 211 A.D.2d 769).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.