Opinion
1182
May 20, 2003.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 10, 2002, which, in an action for personal injuries sustained by plaintiff customer in defendant's store, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Steven E. Millon, for plaintiffs-respondents.
Scott Gurtman, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Gonzalez, JJ.
Issues of fact exist as to whether, inter alia, plaintiff tripped over a box in an aisle of the store, and, if so, whether defendant's employee placed the box behind plaintiff after she entered the aisle and whether plaintiff should have observed it (see Pinero v. Rite Aid, 294 A.D.2d 251, 252, affd 99 N.Y.2d 541).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.