Foley v. Exolon-Esk Corporation

Full title: THOMAS J. FOLEY et al., Appellants, v. EXOLON-ESK CORPORATION, Respondent

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

Date published: May 7, 1999

261 A.D.2d 835 (N.Y. App. Div. 1999)

689 N.Y.S.2d 572

Opinion

May 7, 1999

Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.

Present — Pine, J. P., Wisner, Hurlbutt, Scudder and Callahan, JJ.

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. Plaintiffs' submissions in opposition to defendant's motion raised an issue of fact whether the presence of a greasy substance on defendant's loading dock was a dangerous condition that occurred at regular intervals so as to constitute constructive notice ( see, Morales v. Jolee Consolidators, 173 A.D.2d 315; Weisenthal v. Pickman, 153 A.D.2d 849, 851).