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DE MATTEO v. BIG V SUPERMARKETS, INC.

204 A.D.2d 932 (1994)

611 N.Y.S.2d 970

James M. De Matteo et al., Plaintiffs, v. Big V Supermarkets, Inc., Doing Business as ShopRite, Defendant and Third-Party Plaintiff-Appellant. Almor Corporation, Third-Party Defendant-Respondent

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

May 26, 1994

Cardona, P. J.

On February 24, 1987 plaintiff James M. De Matteo (hereinafter De Matteo), while standing at the end of a checkout counter in a ShopRite supermarket, caught his foot in an approximately three-inch "toe space" gap between the bagger stand and the floor and fell. Following the close of defendant's proof, third-party defendant moved to dismiss defendant's complaint alleging strict products liability for failure to prove a prima facie case...

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