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TORRES v. SANITATION SALVAGE CORP.

24285/18E, Appeal No. 16184, Case No. 2021-04524.

206 A.D.3d 544 (2022)

168 N.Y.S.3d 813

2022 NY Slip Op 04110

Josephine Torres, Appellant, v. Sanitation Salvage Corp., Defendant, and The Hunts Point Terminal Market, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2022.

Attorney(s) appearing for the Case

Queller, Fisher, Washor, Fuchs & Kool and The Office of William A. Gallina, LLP, Bronx (David L. Engelsher of counsel), for appellant.

Abrams, Gorelick, Friedman & Jacobson, LLP, New York (Steven DiSiervi of counsel), for respondent.

Concur—Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ.

Plaintiff alleges that she was injured when, while descending a walking ramp, she slipped and fell from residue from discarded fruits and vegetables. Defendant established its entitlement to judgment as a matter of law by demonstrating that it neither created nor had notice of the allegedly defective condition of the walking ramp. In opposition, plaintiff failed to raise a triable issue of fact. While plaintiff claims that it was...

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