HOLDEN v. SANAA MINI MART, INC.

473 CA 22-01109.

217 A.D.3d 1424 (2023)

189 N.Y.S.3d 375

2023 NY Slip Op 03142

Bertha Holden, Respondent, v. Sanaa Mini Mart, Inc., et al., Appellants, et al., Defendants.

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

Decided June 9, 2023.


Attorney(s) appearing for the Case

MURA LAW GROUP, PLLC, BUFFALO ( BRENDAN S. BYRNE of counsel), FOR DEFENDANTS-APPELLANTS.

ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO ( THOMAS P. KOTRYS of counsel), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.


Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered June 13, 2022. The order, among other things, denied the motion of defendants Sanaa Mini Mart, Inc., and Royal Broadway Food, Inc., for summary judgment "on [the] ground[] that a question of fact exists as to the issue of constructive notice."

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at...

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