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NEZAMI v. PRICE COSTCO

5 Misc.3d 1 (2004)

783 N.Y.S.2d 200

AHMEDULLAH NEZAMI, Respondent, v. PRICE COSTCO INC., Sued Herein as PRICE COSTCO, Appellant.

Supreme Court, Appellate Term, Second Department.

June 30, 2004.

Attorney(s) appearing for the Case

Gallagher, Walker, Bianco & Plastaras, Mineola (William P. Nolan of counsel), for appellant.

Dinkes & Schwitzer, New York City (Beth Diamond and William R. Hamel of counsel), for respondent.

ARONIN, J.P., PATTERSON AND GOLIA, JJ.

OPINION OF THE COURT

Memorandum.

Appeal from order unanimously dismissed.

Judgment unanimously reversed without costs and a new trial ordered.

In our view, defendant was sufficiently apprised that the plaintiff was basing its theory of liability on a claim of actual notice of the condition of the aisle where plaintiff fell. The court properly denied the defendant's motion at the outset of the...

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