Hawks v. Giant Food Stores, Inc.

Full title: CAROLA HAWKS, Plaintiff-Appellant, v. GIANT FOOD STORES, INC. D/B/A…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jul 1, 2004

2004 N.Y. Slip Op. 50799 (N.Y. App. Term 2004)

Opinion

570088/04.

Decided July 1, 2004.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered May 19, 2003 (Robert A. Sackett, J.) which granted defendants' motion for summary judgment dismissing the complaint.

Order entered May 19, 2003 (Robert A. Sackett, J.) affirmed, with $10 costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.

PER CURIAM:

Summary judgment dismissal of the negligence action was warranted since plaintiff failed to rebut defendant's showing that it neither created the particular patch of grease alleged to have caused plaintiff to fall in the parking lot, nor had a reasonable time to correct or warn about its existence ( see Mercer v. City of New York, 88 NY2d 955; Fedida v. Paul Conte Cadillac, 258 AD2d 437).

This constitutes the decision and order of the court.