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ANNE MARUSEVICH, appellant, v. GREAT ATLANTIC PACIFIC TEA COMPANY, INC., respondent, ET AL., defendant.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff was injured when she was struck by a six-pack of beer which fell from a shelf in a supermarket operated by the defendant Great Atlantic Pacific Tea Company, Inc. (hereinafter A P), as she attempted to remove another six-pack from the shelf. She subsequently commenced this action against, among others, A P, contending that the six-packs of beer were improperly stacked on a high shelf.

The Supreme Court properly granted A P's motion for summary judgment dismissing the complaint insofar as asserted against it. Contrary to the plaintiff's contention, A P established its entitlement to judgment as a matter of law. In opposition to the motion, the plaintiff failed to raise a triable issue of fact. There is no evidence that a dangerous condition existed ( see Crawford v. Pick Quick Foods, 300 A.D.2d 431, 432; Hofmann v. Toys "R" Us — N.Y. Ltd. Partnership, 272 A.D.2d 296). Even if such a condition existed, there is no evidence that A P created or had actual or constructive notice of such condition ( see Ruggiero v. Waldbaums Supermarkets, 242 A.D.2d 268).

ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.

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MARUSEVICH v. GREAT ATLANTIC PACIFIC TEA
(Oct 20, 2003)