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SANTIAGO v. C&S WHOLESALE GROCERS INCORPORATED

2010-02845.

83 A.D.3d 814 (2011)

920 N.Y.S.2d 695

RICHARD SANTIAGO, Appellant, v. C&S WHOLESALE GROCERS INCORPORATED, Defendant/Third-Party Plaintiff-Respondent. NORTH JERSEY TRAILER AND TRUCK SERVICE, INC., Third-Party Defendant.

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

Decided April 12, 2011.

ORDERED that the order is affirmed insofar as appealed from, with costs to the defendant/third-party plaintiff-respondent.

The defendant C&S Wholesale Grocers Incorporated (hereinafter C&S) made a prima facie showing of its entitlement to judgment as a matter of law dismissing the complaint. It established that it neither created nor had actual or constructive notice of an allegedly defective trailer door strap ...

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