Eisenberg v. Lunch Boy, Inc.

Full title: MICHAEL EISENBERG, Respondent, v. LUNCH BOY, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 10, 1998

256 A.D.2d 93 (N.Y. App. Div. 1998)

681 N.Y.S.2d 263

Opinion

December 10, 1998

Appeal from the Supreme Court, New York County (Louise Gruner Gans, J.).

An issue of fact exists as to whether defendant restaurant created or had constructive notice of the alleged grease spot on its floor that caused plaintiff to fall, raised by, inter alia, the deposition testimony of plaintiff and his co-worker that the floor was greasy and slippery, and the deposition testimony of defendant's manager that persons making daily deliveries of cooking oils, and kitchen employees working with cooking oils, both commonly traversed the customer area of the restaurant ( see, Colt v. Great Atl. Pac. Tea Co., 209 A.D.2d 294; Henderson v. Hickory Pit Rest., 221 A.D.2d 161).

Concur — Lerner, P. J., Ellerin, Andrias and Saxe, JJ.