Smolen v. Kmart, Inc.

Appeal from a judgment of Supreme Court, Erie County (Whelan, J.), entered July 19, 2001, which granted defendants’ motions for a trial order of dismissal and dismissed the complaint.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Piotr Smolen (plaintiff) when he either slipped or tripped on a ramp leading to a store operated by defendant Kmart, Inc. Defendants moved to dismiss the complaint at the close of plaintiffs’ proof at trial.…