CAPPOLA v. MICHAEL'S BANQUET FACILITY


8 A.D.3d 1100 (2004)

778 N.Y.S.2d 645

DANIEL G. CAPPOLA, SR., et al., Respondents, v. MICHAEL'S BANQUET FACILITY, Appellant.

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

June 14, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this negligence action seeking damages for injuries sustained by Daniel G. Cappola, Sr. (plaintiff) when he slipped and fell in defendant's parking lot. Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. In support of its motion, defendant contended that there was a storm...

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