| Baptiste v 1626 Meat Corp. |
| 2007 NY Slip Op 08276 [45 AD3d 259] |
| November 1, 2007 |
| Appellate Division, First Department |
| Alisha Baptiste, an Infant, by Her Mother and Natural Guardian,Rosa Baptiste, et al., Appellants, v 1626 Meat Corp.,Respondent. |
—[*1] Law Offices of Edward J. Troy, Greenlawn (Patrick J. Morganelli of counsel), forrespondent.
Order, Supreme Court, New York County (Rosalyn Richter, J.), entered June 7, 2006, whichgranted defendant's motion for summary judgment dismissing the complaint, unanimouslyreversed, on the law, without costs, the motion denied and the complaint reinstated.
The court erred in granting defendant's summary judgment motion in this action where infantplaintiff allegedly slipped on a puddle of water in an aisle in defendant's store. The testimonyfrom defendant's store manager regarding the store's general maintenance procedures failed tosatisfy defendant's burden of making a prima facie case of entitlement to summary judgment onthe basis that it lacked constructive notice of the alleged water hazard. There were insufficientdetails provided regarding the last time the aisle had been checked prior to the accident or aboutthe actions of defendant's staff on the date of the accident (see Porco v Marshalls Dept. Stores, 30 AD3d 284 [2006];Jacques v Richal Enters., 300 AD2d 45 [2002]). Concur—Lippman, P.J., Mazzarelli,Friedman, Marlow and Buckley, JJ.