Crew III, J. P.
Plaintiff Marlene Woltner and her spouse, derivatively, commenced this action seeking to recover for injuries allegedly sustained by Woltner when she slipped and fell in front of a store operated by defendant J.C. Penney Company, Inc. at Latham Circle Mall in the Town of Colonie, Albany County. Following joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint contending, inter alia, that plaintiffs failed...
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