POLANCO v. 756 JOMO FOOD CORP.

Index No. 157638/17. Appeal No. 17150. Case No. 2022-01712.

212 A.D.3d 540 (2023)

180 N.Y.S.3d 538

2023 NY Slip Op 00284

Marianela Polanco, Appellant, v. 756 Jomo Food Corp., Doing Business as Foodtown of Harlem, Respondent.

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

Decided January 24, 2023.


Attorney(s) appearing for the Case

Michael H. Zhu, P.C., New York ( Michael H. Zhu of counsel), for appellant.

Chartwell Law, New York ( Christopher G. Wosleger of counsel), for respondent.

Concur—Kern, J.P., Oing, Gesmer, Scarpulla, Rodriguez, JJ.


Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about March 2, 2022, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff alleges that she slipped and fell on grapes that had fallen to the floor in the produce aisle of defendant's supermarket and that the floor in the market was frequently littered with produce. While defendant showed...

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