Cappola v. Michael's Banquet Facility

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered October 14, 2003. The order denied defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this negligence action seeking damages for injuries sustained by Daniel G. Cappola, Sr. (plaintiff) when he slipped and fell in defendant’s parking lot. Supreme Court properly denied defendant’s motion for summary judgment dismissing the…