Opinion
5855 Index 153032/12
03-01-2018
ROU DONG YEE, et al., Plaintiffs–Appellants, v. DELUXE MEAT MARKET INC., et al., Defendants–Respondents.
Law Offices of Wade T. Morris, New York (Kenneth J. Gorman of counsel), for appellants. Gallo Vitucci Klar LLP, New York (Chad E. Sjoquist of counsel), for respondents.
Law Offices of Wade T. Morris, New York (Kenneth J. Gorman of counsel), for appellants.
Gallo Vitucci Klar LLP, New York (Chad E. Sjoquist of counsel), for respondents.
Acosta, P.J., Friedman, Richter, Kapnick, JJ.
Order, Supreme Court, New York County (Robert D. Kalish, J.), entered on or about June 1, 2016, which granted defendants' motion for summary judgment dismissing the complaint, and denied as moot plaintiffs' cross motion for spoliation sanctions, unanimously reversed, on the law, without costs, defendants' motion denied, and the matter remanded for a determination of plaintiffs' motion.
Plaintiff Rou Dong Yee seeks damages for injuries she sustained when she slipped and fell on the wet floor of the fish department of defendants' market. The record presents issues of fact whether defendants maintained the area in a reasonably safe condition under the circumstances (see e.g. Grossman v. TCR, 142 A.D.3d 854, 37 N.Y.S.3d 514 [1st Dept. 2016], appeal dismissed 28 N.Y.3d 1110, 45 N.Y.S.3d 353, 68 N.E.3d 78 [2016] ). Plaintiffs' motion for sanctions for defendants' alleged failure to turn over any available surveillance video recorded on the date of the accident should be decided by the motion court in the first instance.