BAPTISTE v. 1626 MEAT CORP.


45 A.D.3d 259 (2007)

844 N.Y.S.2d 271

ALISHA BAPTISTE, an Infant, by Her Mother and Natural Guardian, ROSA BAPTISTE, et al., Appellants, v. 1626 MEAT CORP., Respondent.

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

Decided November 1, 2007.


The court erred in granting defendant's summary judgment motion in this action where infant plaintiff allegedly slipped on a puddle of water in an aisle in defendant's store. The testimony from defendant's store manager regarding the store's general maintenance procedures failed to satisfy defendant's burden of making a prima facie case of entitlement to summary judgment on the basis that it lacked constructive notice of the alleged water hazard. There were insufficient details...

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