Appellate Division of the Supreme Court of New York, 2000

Thompson v. Stop & Shop Supermarket Companies, Inc.

Thompson v. Stop & Shop Supermarket Companies, Inc.
Appellate Division of the Supreme Court of New York · Decided November 9, 2000
277 A.D.2d 48; 715 N.Y.S.2d 147; 2000 N.Y. App. Div. LEXIS 11301
Thompson v. Stop & Shop Supermarket Companies, Inc.

Opinion of the Court

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered September 8, 1999, which, in this action seeking damages for personal injuries resulting from a slip and fall on the floor of defendant’s supermarket, granted defendant’s motion for summary judgment, unanimously affirmed, without costs.

The court properly granted defendant’s motion since plaintiff failed to rebut defendant’s showing that it had no prior notice of the existence of the patch of spilled liquid upon which plaintiff allegedly fell (Fasolino v Charming Stores, 77 NY2d 847). Concur — Nardelli, J. P., Tom, Wallach, Andrias and Saxe, JJ.

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