Summary
In Catalano, the "plaintiff did not notice anything wrong with the chair when he sat down"; in fact, the "plaintiff testified that he went to the restaurant five mornings per week, that he and his dining companions sat at the same table and in the same chairs every morning, and that neither he nor his companions had ever experienced any problems with the chairs" (112 AD3d at 1300, 978 NYS2d at 495).
Summary of this case from Hershkowitz v. Scotto LLCOpinion
2014-06-5
Joseph CATALANO et al., Appellants, v. Laurie TANNER, etc., Respondent.
Shaw & Shaw, P.C., Hamburg (Jacob A. Piorkowski of counsel), for appellants. Barth Sullivan Behr, Buffalo (Laurence D. Behr of counsel), for respondent.
Shaw & Shaw, P.C., Hamburg (Jacob A. Piorkowski of counsel), for appellants. Barth Sullivan Behr, Buffalo (Laurence D. Behr of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and defendant's motion for summary judgment denied. Defendant failed to establish prima facie entitlement to judgment as a matter of law concerning the reasonableness of her inspection practices. Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.