VARGAS v. RIVERBAY CORP.

5552, 20201/12E.

157 A.D.3d 642 (2018)

67 N.Y.S.3d 467

2018 NY Slip Op 00520

LEONICIA VARGAS et al., Appellants, v. RIVERBAY CORP., Respondent.

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

Decided January 30, 2018.


In this slip and fall action, defendant sought to demonstrate its entitlement to summary judgment by merely pointing to perceived gaps in plaintiffs' case (see e.g. Colt v Great Atl. & Pac. Tea Co., 209 A.D.2d 294, 295 [1st Dept 1994]). Defendant failed to establish its prima facie entitlement to judgment as a matter of law by demonstrating when the area in question was last cleaned or inspected relative to the time when plaintiff...

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