SAFIER v. SAGGIO REST. INC.

4288.

151 A.D.3d 543 (2017)

2017 NY Slip Op 04882

54 N.Y.S.3d 272

SCOTT A. SAFIER, Respondent, v. SAGGIO RESTAURANT INC. et al., Respondents, and TRI-STATE BIODIESEL, LLC, Appellant, et al., Defendants.

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

Decided June 15, 2017.


Defendant Tri-State Biodiesel, which collects used cooking oil from restaurants, established prima facie that it did not cause the large slick of cooking oil and/or grease to be on the road where plaintiff slipped and fell riding his bicycle. Tri-State submitted an affidavit by its general manager saying that he had searched its records and that the records indicated that the company had not collected oil from its codefendants, restaurant operators and the owners of the building...

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