Cayo v. Supermarkets General Corp.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Huttner, J.), dated April 1, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.

The infant plaintiff was sexually assaulted by an unapprehended assailant who allegedly found her wandering in the aisles of the supermarket and took her to a storage area in the back of the store, where he engaged in the…