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Garcia v. Best Value Discount Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2009
67 A.D.3d 480 (N.Y. App. Div. 2009)

Opinion

No. 1415.

November 10, 2009.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered February 4, 2009, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Shayne, Dachs, Corker, Sauer Dachs, LLP, Mineola (Norman H. Dachs and Jonathan A. Dachs of counsel), for appellant.

Alexander J. Wulwick, New York, for respondent.

Before: Tom, J.P., Friedman, Nardelli, Buckley and Richter, JJ.


Defendant failed to establish its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when she tripped and fell over a open box of fluorescent light bulbs that was on the floor of defendant's store. There are triable issues of fact concerning whether defendant violated its duty to maintain its premises in a reasonably safe condition ( see Westbrook v WR Activities-Cabrera Mkts., 5 AD3d 69, 72-76 ; Caicedo v Cheven Keeley Hatzis, 59 AD3d 363). Plaintiff testified that on the day of the accident, there were numerous boxes piled on top of one another in an area generally traversed by customers, which a jury might reasonably find constituted an unsafe condition.

Because defendant failed to meet its prima facie burden on its motion, we need not address its argument that the court should not have considered plaintiffs opposition papers because they were untimely.


Summaries of

Garcia v. Best Value Discount Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2009
67 A.D.3d 480 (N.Y. App. Div. 2009)
Case details for

Garcia v. Best Value Discount Corp.

Case Details

Full title:IRIS GARCIA, Respondent, v. BEST VALUE DISCOUNT CORP., Appellant

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

Date published: Nov 10, 2009

Citations

67 A.D.3d 480 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8074
890 N.Y.S.2d 467

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