Deegan v. 336 East 50th Street Tenants Corp.

Order of the Supreme Court, New York County (Robert D. Lippmann, J.), entered on or about March 10, 1994, which denied defendant’s motion for summary judgment seeking dismissal of the complaint, is unanimously reversed, on the law, and the motion granted, without costs and disbursements.

Plaintiff began this action after she allegedly slipped and fell on food waste, including a banana peel, which had allegedly spilled out of a torn garbage bag in front of defendant’s cooperative. After depositions of plaintiff, an employee and officer of defendant, were held and affidavits of the parties and…