Opinion
5158 Index 152184/15
12-07-2017
George PATTON, Plaintiff–Respondent, v. TASZO COFFEE, LLC, Defendant–Appellant.
Law Offices of Tobias & Kuhn, New York (Alexander Statsky of counsel), for appellant. Greenberg Law P.C., New York (Jennifer A. Shafer of counsel), for respondent.
Law Offices of Tobias & Kuhn, New York (Alexander Statsky of counsel), for appellant.
Greenberg Law P.C., New York (Jennifer A. Shafer of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Kapnick, Webber, JJ.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered March 20, 2017, which, to the extent appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant failed to meet its initial burden to show that it did not own the bench from which plaintiff fell, and that its employees did not place it at the accident location prior to the accident (see Torres v. City of New York, 32 A.D.3d 347, 348, 820 N.Y.S.2d 268 [1st Dept 2006] ). Any inconsistencies in plaintiff's testimony as to the location of the accident raise credibility issues, which must be resolved by the trier of fact (see Aller v. City of New York, 72 A.D.3d 563, 564, 900 N.Y.S.2d 41 [1st Dept 2010] ).