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SMITH v. SENPIKE MALL CO.

249 A.D.2d 936 (1998)

671 N.Y.S.2d 395

Stella Smith, Appellant, v. Senpike Mall Company, Respondent

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

April 29, 1998

Order unanimously affirmed without costs.

Memorandum:

Defendant's motion for summary judgment was properly granted. Defendant met its initial burden, and plaintiff's bare conclusions and unsubstantiated allegations in opposition are insufficient to defeat the motion (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). The mere presence of an employee with a mop and pail in the vicinity of the hallway where...

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