Appellate Division of the Supreme Court of New York, 2000

Jones v. Rite Aide of New York, Inc.

Jones v. Rite Aide of New York, Inc.
Appellate Division of the Supreme Court of New York · Decided January 4, 2000
268 A.D.2d 216; 700 N.Y.S.2d 684; 2000 N.Y. App. Div. LEXIS 34
Jones v. Rite Aide of New York, Inc.

Opinion of the Court

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered February 18, 1999, which, in an action to recover for personal injuries allegedly caused by ice in front of defendant’s store, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The action was properly dismissed in view of plaintiff’s deposition testimony in which she said that she did not see any ice where she fell (see, Croff v Grand Union Co., 205 AD2d 856). Concur—Nardelli, J. P., Tom, Mazzarelli, Ellerin and Friedman, JJ.

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