AMES v. WALDBAUM, INC.


34 A.D.3d 607 (2006)

823 N.Y.S.2d 697

PETER AMES, Appellant, v. WALDBAUM, INC., Respondent.

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

Decided November 21, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

By offering no evidence to establish when the area in which the plaintiff allegedly was injured was last inspected or cleaned on the day in question, the defendant failed to establish its prima facie entitlement to judgment as a matter of law (see Feldmus v Ryan Food Corp., 29 A.D.3d 940, 941...

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