EISENHART v. THE MARKETPLACE


176 A.D.2d 1220 (1991)

Pauline Eisenhart et al., Appellants, v. The Marketplace et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 4, 1991


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendants' motion for summary judgment dismissing plaintiffs' complaint in this slip and fall case. In their complaint, plaintiffs allege that defendants, who together owned the common area of the shopping mall where the fall occurred, were negligent: 1. "in the manner and method by which they constructed the platform and permitted...

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