CLARK v. STOP & SHOP SUPERMARKET CO., LLC

2020-03239. Index No. 505804/17.

204 A.D.3d 746 (2022)

164 N.Y.S.3d 463

2022 NY Slip Op 02389

Ciara Clark, Respondent, v. Stop & Shop Supermarket Company, LLC, Appellant.

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

Decided April 13, 2022.


Attorney(s) appearing for the Case

Cullen & Dykman, LLP, Garden City, NY ( Nicholas M. Cardascia of counsel), for appellant.

Law Offices of Robert A. Flaster, P.C., New York, NY ( Jonathan A. Fier and Joshua S. Perlman of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant to recover damages for personal injuries that she allegedly sustained when she slipped and fell on oil in an aisle of the defendant's supermarket. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. The defendant appeals.

"A defendant who moves for summary judgment in a slip-and-fall case has the initial...

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