GIBBS v. ALBEE TOMATO CO., INC.

307776/09, 13354, 13353.

121 A.D.3d 614 (2014)

995 N.Y.S.2d 558

2014 NY Slip Op 07430

LLOYD GIBBS, Respondent, v. ALBEE TOMATO CO., INC., et al., Appellants.

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

Decided October 30, 2014.


Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 1, 2013, which, inter alia, denied the motions of defendants Albee Tomato Co., Inc. (Albee) and Hunts Point Terminal Produce Cooperative Association, Inc. (Hunts Point) for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants did not establish their entitlement to judgment as a matter of law in this action where plaintiff was allegedly injured when he slipped...

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