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YERRY v. WHOLE FOOD MARKET GROUP, INC.

2019-11392. Index No. 610791/17.

208 A.D.3d 733 (2022)

174 N.Y.S.3d 392

2022 NY Slip Op 05000

Judith Yerry, Appellant, v. Whole Food Market Group, Inc., et al., Respondents.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Victor A. Carr, Mineola, NY (Thomas J. Stock of counsel), for appellant.

Fishman McIntyre Levine Samansky, P.C., New York, NY (Mitchell B. Levine of counsel), for respondents.

Dillon, J.P., Brathwaite Nelson, Roman and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

Christopher Yerry (hereinafter Yerry) commenced this action against the defendants to recover damages for personal injuries he allegedly sustained when he slipped and fell on a puddle of liquid inside the defendants' supermarket. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint...

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