General

Sadie Jones et al., Appellants, v. Rite Aide of New York, Inc., Also Known as Rite Aid Drug Store, et al., Respondents

268 A.D.2d 216700 N.Y.S.2d 684·New York Supreme Court, Appellate Division·2000·NY

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Opinion

Sadie Jones et al., Appellants, v Rite Aide of New York, Inc., Also Known as Rite Aid Drug Store, et al., Respondents. [700 NYS2d 684] [MAJORITY] —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.