Nova v. K & B Furniture Co.

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered July 6, 1998, which, in an action by plaintiff delivery person for personal injuries sustained in a slip and fall on defendant premises owner’s *244loading dock, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The deposition testimony of defendant’s general manager submitted in support of the motion failed to make a prima facie showing that defendant lacked actual or constructive notice of the debris that allegedly caused plaintiff to fall, the witness having testified…