Opinion
November 16, 1994
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Pine, J.P., Balio, Fallon, Callahan and Davis, JJ.
Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff commenced this action to recover damages for injuries allegedly sustained when he slipped and fell on a rug in the produce area of defendant's supermarket. Plaintiff submitted evidence that an oily substance similar in appearance to salad dressing contained in bottles on a nearby display had accumulated underneath the rug and had soaked it. That evidence raised a factual issue whether the substance had been present for a length of time sufficient to place defendant on constructive notice (see, Negri v. Stop Shop, 65 N.Y.2d 625; Restey v. Victory Mkts., 127 A.D.2d 987, lv denied 69 N.Y.2d 613). Thus, Supreme Court erred in granting defendant's motion for summary judgment.