DAVIS v. TED'S JUMBO RED HOTS, INC.


278 A.D.2d 940 (2000)

718 N.Y.S.2d 557

CAROL A. DAVIS et al., Appellants, v. TED'S JUMBO RED HOTS, INC., et al., Respondents.

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

Decided December 27, 2000.


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff Carol A. Davis when she allegedly tripped and fell while walking across the driveway of defendant Ted's Jumbo Red Hots, Inc. Supreme Court erred in granting defendants' motion for summary judgment dismissing the complaint. Although defendants met their initial burden on the...

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