| Carpenter v 130 W. Merrick, Inc. |
| 2010 NY Slip Op 01908 [71 AD3d 715] |
| March 9, 2010 |
| Appellate Division, Second Department |
| Lena Carpenter, Respondent, v 130 W. Merrick, Inc., etal., Appellants. |
—[*1] Larry Dorman, P.C., Astoria, N.Y., for respondent.
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Queens County (Markey, J.), dated June 12, 2009, which denied their motionfor summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly tripped and fell over a box containing merchandise which was placedon the floor, at the end of an aisle, in the defendants' store. Under the circumstances, theSupreme Court properly denied the defendants' motion for summary judgment, since thedefendants failed to make a prima facie showing of entitlement to judgment as a matter of law(see Naletilic v Dan's Key Food, 47AD3d 903 [2008]; Rivera v YMCAof Greater N.Y., 37 AD3d 579, 580 [2007]; Westbrook v WR Activities-Cabrera Mkts., 5 AD3d 69 [2004]; see also Greenstein v R & R of G.C.,Inc., 50 AD3d 637 [2008]). Skelos, J.P., Florio, Hall and Austin, JJ., concur.