Toote v. Canada Dry Bottling Co.

*252Order, Supreme Court, Bronx County (Stanley Green, J.), entered December 9, 2002, which, in an action for personal injuries sustained by plaintiff customer in a fall on defendant-appellant supermarket’s premises, insofar as appealed from, denied the supermarket’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff alleges that she tripped over cases of soda that were stacked on the floor of defendant-appellant’s supermarket. It appears that at the time of the accident, the supermarket’s shelves, in accordance with usual practice,…