JUSZCZAK v. NOCO MOTOR FUELS, INC.


245 A.D.2d 1093 (1997)

666 N.Y.S.2d 88

Henry Juszczak et al., Respondents, v. Noco Motor Fuels, Inc., Appellant

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

December 31, 1997


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. The proof submitted in support of the motion fails to establish as a matter of law that defendant did not have actual or constructive notice of the dangerous condition allegedly existing in the area of the gasoline pumps where plaintiff Henry Juszczak fell (see, Morgan v Genrich, 239...

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