Appellate Division of the Supreme Court of New York, 1998

Berrios v. Royal Farms, Inc.

Berrios v. Royal Farms, Inc.
Appellate Division of the Supreme Court of New York · Decided October 27, 1998
254 A.D.2d 216; 679 N.Y.S.2d 574; 1998 N.Y. App. Div. LEXIS 11362
Berrios v. Royal Farms, Inc.

Opinion of the Court

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about November 26, 1997, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff asserts that defendant supermarket failed to maintain the entrance to its premises in a safe condition. Whether plaintiff should have observed and avoided the empty carton that allegedly caused her to fall and whether defendant created the hazardous condition or had notice of it are issues of fact. Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.

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