PEREZ v. RAYMOURS FURNITURE COMPANY, INC.

9715, 9714, 43310/17E.

173 A.D.3d 597 (2019)

103 N.Y.S.3d 404

2019 NY Slip Op 05083

Melissa Perez, Respondent, v. Raymours Furniture Company, Inc., Respondent, and Bay Plaza Community Center, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided June 25, 2019.


In this personal injury action arising from a slip and fall on ice, Supreme Court properly denied the owner defendants' (Bay Plaza and SP) motion for summary judgment dismissing the complaint. Although the meteorological records and the expert meteorological affidavits demonstrate that there was a storm in progress when the accident happened, a warehouse associate employed by Raymours testified at his deposition that he saw ice on the ground the loading dock about a week...

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