Shaughnessy v. United Refining Co.

—Cardona, P. J.

Appeal from an order of the Supreme Court (O’Brien, III, J.), entered August 24, 1998 in Madison County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff James R. Shaughnessy (hereinafter plaintiff) was allegedly injured on December 14, 1995 when he slipped and fell on a wet floor in defendant’s convenience store. Thereafter, plaintiff and his spouse, derivatively, commenced this negligence action alleging that the floor was in a dangerously wet and slippery condition which caused the fall. Following joinder of issue, defendant moved for…