BIERSBACH v. WEGMAN'S FOOD MKTS., INC.


187 A.D.2d 953 (1992)

William H. Biersbach, Jr., Respondent, v. Wegman's Food Markets, Inc., Doing Business as Wegman's Food & Drugs, Appellant

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

November 18, 1992


Order affirmed with costs.

Boomer, J. (dissenting).

On its motion for summary judgment, defendant submitted proof in evidentiary form that there was no unsafe condition where plaintiff fell. Its witness testified that there was no metal strip and no other defect in the surface of the floor. In opposition to the motion, plaintiff failed to present proof of a dangerous condition. Although plaintiff testified at her examination before trial that...

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