Patton v. Taszo Coffee, LLC

2017 NY Slip Op 8607, 156 A.D.3d 443, 64 N.Y.S.3d 532, 2017 WL 6043623

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 7, 2017
• Docket: 5158 152184/15
• Status: Published

Opinion

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered March 20, 2017, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to meet its initial burden to show that it did not own the bench from which plaintiff fell, and that its employees did not place it at the accident location prior to the accident (see Torres v City of New York, 32 AD3d 347, 348 [1st Dept 2006]). Any inconsistencies in plaintiff’s testimony as to the location of the accident raise credibility issues, which must be resolved by the trier of fact (see Alter v City of New York, 72 AD3d 563, 564 [1st Dept 2010]).

Concur—Manzanet-Daniels, J.P., Mazzarelli, Kapnick and Webber, JJ.