Patrissi v. Wood

Appellate Division of the Supreme Court of New York

Patrissi v. Wood

205 A.D.2d 830, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5831

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1994·Published

Opinion

Appeal from an order of the Supreme Court (Lynch, J.), entered April 6, 1993 in Schenectady County, which denied defendants’ motion for summary judgment dismissing the complaint.

In this slip and fall case, even if it is accepted that defendants made a prima facie showing that they neither created the condition causing plaintiff’s fall nor had actual or constructive notice of its existence, plaintiff nevertheless satisfied his burden of coming forward with evidentiary proof sufficient to raise a triable issue of fact on these issues. Supreme Court, therefore, properly denied defendants’ motion for summary judgment dismissing the complaint.

[831]*831Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Appeal from an order of the Supreme Court (Lynch, J.), entered April 6, 1993 in Schenectady County, which denied defendants’ motion for summary judgment dismissing the complaint.

In this slip and fall case, even if it is accepted that defendants made a prima facie showing that they neither created the condition causing plaintiff’s fall nor had actual or constructive notice of its existence, plaintiff nevertheless satisfied his burden of coming forward with evidentiary proof sufficient to raise a triable issue of fact on these issues. Supreme Court, therefore, properly denied defendants’ motion for summary judgment dismissing the complaint.

[831]*831Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

Patrissi v. Wood, 205 A.D.2d 830, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5831 (N.Y. Ct. App. 1994).

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