Meczynski v. Tops Markets, Inc.

—Order and judgment unanimously reversed in the exercise of discretion without costs, complaint reinstated and new trial granted. Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she slipped and fell in the produce area of defendant’s grocery store. She appeals from an order and judgment dismissing the complaint based upon a jury verdict of no cause of action. We conclude that plaintiff is entitled to a new trial. Defendant failed to comply with plaintiffs pretrial discovery demand seeking the names of witnesses with knowledge of the physical…