¶1Considering that defendant’s store had been open for only about 30 minutes prior to plaintiff’s fall and that the Court of Appeals affirmed the dismissal of a complaint on very similar facts (see, Holmes v Hengerer Co., 303 NY 677, affg 277 App Div 936), I am constrained to agree with the majority that reversal is appropriate.
163 A.D.2d 655
Paciocco v. Ward
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 1990
Appellate Division of the Supreme Court of the State of New York · decided 1990-07-05
Cited by 2 later decisions — most recently November 1994
Good law ✅— No negative treatment on recordhow we know
Decided 1990-07-05
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