| Teleschevsky v Red Apple Fruit & Grocery Corp. |
| 2010 NY Slip Op 01784 [71 AD3d 667] |
| March 2, 2010 |
| Appellate Division, Second Department |
| Riva Teleschevsky, Respondent, v Red Apple Fruit andGrocery Corp., Doing Business as Lerman's, et al., Appellants. |
—[*1] Alvin M. Bernstone, LLP, New York, N.Y. (Peter B. Croly of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Bunyan, J.), dated May 20, 2009, which denied their motionfor summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff alleges that she tripped and fell over a wooden pallet which protruded severalinches outward from beneath a display of watermelons in the defendants' fruit and vegetablestore. After joinder of issue, the defendants moved for summary judgment dismissing thecomplaint. The defendants failed to establish their prima facie entitlement to judgment as amatter of law dismissing the complaint (see Winegrad v New York Univ. Med. Ctr., 64NY2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied the defendants'motion. Prudenti, P.J., Dillon, Eng and Roman, JJ., concur.