Ranger v. Byrne Dairy, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting defendant’s cross motion seeking summary judgment dismissing the complaint. Plaintiff allegedly sustained personal injuries when she slipped and fell on water located in front of a cooler in the back of defendant’s store. Plaintiff did not observe the water before she fell and had not observed water in that location when she was in the store the previous day. Although defendant established that it had no actual notice of the allegedly…