Milea v. Ames Department Store, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Linda Milea (plaintiff) slipped and fell on bath oil beads while shopping in defendant’s store and commenced this action to recover damages for her injuries. Five months after plaintiffs filed a note of issue and a statement of readiness certifying that discovery was complete, defendant moved for summary judgment on the ground that it had no actual or constructive notice of bath oil beads on the floor. Supreme Court erred in denying that motion. Defendant met its initial burden of showing…
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