Appellate Division of the Supreme Court of New York, 1995

Alberti v. West 235th Street Cleaners

Alberti v. West 235th Street Cleaners
Appellate Division of the Supreme Court of New York · Decided January 17, 1995
211 A.D.2d 490; 621 N.Y.S.2d 323
Alberti v. West 235th Street Cleaners

Opinion of the Court

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered October 5, 1993, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

Issues of fact exist that preclude summary judgment, including whether the floor of defendant’s establishment, which had been freshly mopped, was dangerously wet, and, if so, whether such condition was the proximate cause of plaintiffs slip and fall. We have considered defendant’s other arguments, and find them to be without merit. Concur—Ellerin, J. P., Kupferman, Asch and Rubin, JJ.

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