PATTON v. TASZO COFFEE, LLC

5158. 152184/15.

156 A.D.3d 443 (2017)

64 N.Y.S.3d 532

2017 NY Slip Op 08607

GEORGE PATTON, Respondent, v. TASZO COFFEE, LLC, Appellant.

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

Decided December 7, 2017.


Defendant failed to meet its initial burden to show that it did not own the bench from which plaintiff fell, and that its employees did not place it at the accident location prior to the accident (see Torres v City of New York, 32 A.D.3d 347, 348 [1st Dept 2006]). Any inconsistencies in plaintiff's testimony as to the location of the accident raise credibility issues, which must be resolved by the trier of fact (see Aller v City...

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