BUCKLE v. BUHRE AVE. FOODS, INC.


232 A.D.2d 269 (1996)

648 N.Y.S.2d 100

Valentine Buckle et al., Respondents, v. Buhre Avenue Foods, Inc., et al., Appellants

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

October 22, 1996


In an action for personal injuries allegedly sustained when plaintiff delivered milk to defendants' supermarket, defendants' motion for summary judgment was properly denied. It was not plaintiffs' burden in opposing the motion to demonstrate the negligence of defendants or the proximate cause of the accident; rather, it was defendants' burden, as movants, to establish the absence of creation of the dangerous condition or notice...

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