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TORTORA v. PEARL FOODS, INC.

200 A.D.2d 471 (1994)

606 N.Y.S.2d 235

Vincent Tortora, Respondent, v. Pearl Foods, Inc., Appellant. (And a Third- and Second Third-Party Action.)

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

January 18, 1994

The Supreme Court erred in denying the defendant's motion for summary judgment since the plaintiff failed to establish the existence of any triable issue of fact (Zuckerman v City of New York, 49 N.Y.2d 557). There is nothing in the record to suggest that the defendant made any repairs to the public sidewalk where the plaintiff purportedly fell nor did it engage in the negligent removal...

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