RUSSO v. PERGAMENT HOME CENTER, INC.


266 A.D.2d 369 (1999)

697 N.Y.S.2d 521

JOHN A. RUSSO, Appellant, v. PERGAMENT HOME CENTER, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided November 15, 1999.


Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff alleges that he tripped over a loose, folded-over floor mat at the entrance/exit to a mall and was thereby injured. However, neither the plaintiff nor anyone else actually saw what the plaintiff tripped over.

After the movants made out a prima facie case for summary judgment, the plaintiff...

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