Opinion
5552 Index 20201/12E
01-30-2018
Leonicia VARGAS, et al., Plaintiffs–Appellants, v. RIVERBAY CORP., Defendant–Respondent.
Ronemus & Vilensky LLP, Garden City (Lisa M. Comeau of counsel), for appellants. Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Louise Cherkis of counsel), for respondent.
Ronemus & Vilensky LLP, Garden City (Lisa M. Comeau of counsel), for appellants.
Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Louise Cherkis of counsel), for respondent.
Friedman, J.P., Gische, Mazzarelli, Kern, Singh, JJ.
Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered June 13, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
In this slip and fall action, defendant sought to demonstrate its entitlement to summary judgment by merely pointing to perceived gaps in plaintiffs' case (see e.g. Colt v. Great Atl. & Pac. Tea Co. , 209 A.D.2d 294, 295, 618 N.Y.S.2d 721 [1st Dept. 1994] ). Defendant failed to establish its prima facie entitlement to judgment as a matter of law by demonstrating when the area in question was last cleaned or inspected relative to the time when plaintiff fell (see Cater v. Double Down Realty Corp. , 101 A.D.3d 506, 954 N.Y.S.2d 877 [1st Dept. 2012] ).We have considered the parties' remaining arguments and find them unavailing.