Boyea v. Pyramid Champlain Co.

Appeal from an order of the Supreme Court (Dawson, J.), entered August 1, 1997 in Clinton County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Leona Boyea (hereinafter plaintiff) and her husband, derivatively, commenced this action to recover for personal injuries allegedly sustained as a result of her slip and fall on August 8, 1990, at approximately 4:20 p.m., inside of defendant’s mall in the Town of Plattsburgh, Clinton County. According to plaintiffs’ bill of particulars, defendant negligently applied excess wax on the floor, thereby creating a…