Ayala v. One & One Produce Corp.

Appellate Division of the Supreme Court of New York

Ayala v. One & One Produce Corp.

259 A.D.2d 451, 685 N.Y.S.2d 615, 1999 N.Y. App. Div. LEXIS 3251

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 30, 1999

StatusPublished

This text of 259 A.D.2d 451 (Ayala v. One & One Produce Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ayala v. One & One Produce Corp., 259 A.D.2d 451, 685 N.Y.S.2d 615, 1999 N.Y. App. Div. LEXIS 3251 (N.Y. Ct. App. 1999).

Pincite

Opinion

Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 14, 1998, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the IAS Court that the conflicting deposition testimony raises an issue of fact, turning largely on credibility, as to whether the allegedly dangerous sidewalk debris that caused plaintiff to fall came about as a result of defendant’s use of the sidewalk for deliveries to its store. Concur — Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

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Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 14, 1998, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the IAS Court that the conflicting deposition testimony raises an issue of fact, turning largely on credibility, as to whether the allegedly dangerous sidewalk debris that caused plaintiff to fall came about as a result of defendant’s use of the sidewalk for deliveries to its store. Concur — Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

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Bluebook (online)

259 A.D.2d 451, 685 N.Y.S.2d 615, 1999 N.Y. App. Div. LEXIS 3251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayala-v-one-one-produce-corp-nyappdiv-1999.