Appellate Terms of the Supreme Court of New York June 30, 2004 (Nezami v. Price Costco Inc.)

*3OPINION OF THE COURT

Memorandum.

Appeal from order unanimously dismissed.

Judgment unanimously reversed without costs and a new trial ordered.

In our view, defendant was sufficiently apprised that the plaintiff was basing its theory of liability on a claim of actual notice of the condition of the aisle where plaintiff fell.