DZIENGIELEWSKI v. TOPS MARKETS, LLC

1087 CA 09-00659.

66 A.D.3d 1517 (2009)

885 N.Y.S.2d 922

2009 NY Slip Op 7290

EDWIN DZIENGIELEWSKI, Appellant, v. TOPS MARKETS, LLC (Sued Herein as Tops Markets, Also Known as Tops and Another), Respondent.

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

Decided October 9, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the amended complaint is reinstated.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained while using a handleless cart to move two large barrels of animal refuse in defendant's receiving area. We agree with plaintiff that Supreme Court erred in granting defendant's motion for summary judgment dismissing the...

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