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TELESCHEVSKY v. RED APPLE FRUIT AND GROCERY CORP.

2009-06526

71 A.D.3d 667 (2010)

894 N.Y.S.2d 898

RIVA TELESCHEVSKY, Respondent, v. RED APPLE FRUIT AND GROCERY CORP., Doing Business as LERMAN's, et al., Appellants.

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

Decided March 2, 2010.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that she tripped and fell over a wooden pallet which protruded several inches outward from beneath a display of watermelons in the defendants' fruit and vegetable store. After joinder of issue, the defendants moved for summary judgment dismissing the complaint. The defendants failed to establish their prima facie entitlement to judgment as a matter of law dismissing the complaint (see Winegrad...

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