SAGER v. WALDO GARDENS, INC.

7541. 22768/15E.

166 A.D.3d 408 (2018)

87 N.Y.S.3d 27

2018 NY Slip Op 07359

Monica C. Sager, Respondent, v. Waldo Gardens, Inc., et al., Appellants.

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

Decided November 1, 2018.


Defendants failed to establish entitlement to judgment as a matter of law in this action where plaintiff alleges that she slipped on an oily or slippery condition on a wheelchair access ramp located on the basement level of defendants' building. She testified that she could not see the condition before she fell because she was pushing a shopping cart in front of her, but afterwards she saw a small, shiny puddle of oil.

Defendants failed to make a prima facie showing...

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