Peralta v. La Placita Dominica Market Corp.

OPINION OF THE COURT

David Goldstein, J.

This memorandum is to amplify and clarify a decision rendered during trial, at the close of plaintiff’s case, granting defendant’s motion to dismiss for the failure to make out a *341prima facie case. The court had initially reserved decision and, after submitting the case to the jury to preserve the record for future appellate purposes, it granted the motion to dismiss.

Plaintiff, a carpenter by trade, had left work early on August 27, 1992, at about 3:30 p.m. He was on his way home, when he stopped for a drink at defendant’s store, where he had previously…