GARCIA v. BEST VALUE DISCOUNT CORP.

1415.

67 A.D.3d 480 (2009)

890 N.Y.S.2d 467

2009 NY Slip Op 08074

IRIS GARCIA, Respondent, v. BEST VALUE DISCOUNT CORP., Appellant.

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

Decided November 10, 2009.


Defendant failed to establish its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when she tripped and fell over a open box of fluorescent light bulbs that was on the floor of defendant's store. There are triable issues of fact concerning whether defendant violated its duty to maintain its premises in a reasonably safe condition (see Westbrook v WR Activities-Cabrera Mkts., 5 A.D.3d 69

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