SUAREZ v. D&C MANAGEMENT ASSOCIATES INC.


284 A.D.2d 706 (2001)

726 N.Y.S.2d 763

LILLIAN SUAREZ et al., Appellants, v. D&C MANAGEMENT ASSOCIATES, INC., Doing Business as PONDEROSA, Respondent.

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

Decided June 14, 2001.


Rose, J.

Plaintiff Lillian Suarez (hereinafter plaintiff) and her spouse, derivatively, commenced this action to recover for injuries sustained when she slipped and fell on the recently seal-coated surface of defendant's asphalt parking lot during a rainstorm. Plaintiffs appeal Supreme Court's grant of defendant's motion for summary judgment dismissing the complaint, and we affirm.

Initially, plaintiffs do not challenge Supreme Court's finding that defendant...

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