Juszczak v. Noco Motor Fuels, Inc.

Full title: HENRY JUSZCZAK et al., Respondents, v. NOCO MOTOR FUELS, INC., Appellant

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

Date published: Dec 31, 1997

245 A.D.2d 1093 (N.Y. App. Div. 1997)

666 N.Y.S.2d 88

Opinion

December 31, 1997

Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. The proof submitted in support of the motion fails to establish as a matter of law that defendant did not have actual or constructive notice of the dangerous condition allegedly existing in the area of the gasoline pumps where plaintiff Henry Juszczak fell ( see, Morgan v. Genrich, 239 A.D.2d 919; Panzarella v. Multiple Parking Servs. [appeal No. 1], 238 A.D.2d 907; Keeton v. Cardinal O'Hara High School, 233 A.D.2d 839). (Appeal from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.)