Federowicz v. Bon-Ton Department Store, Inc.

Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J), entered January 21, 2005 in a personal injury action. The order denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff Diane Federowicz when she allegedly tripped and fell on a chip in the tile flooring in defendant’s store. Supreme Court properly denied defendant’s motion for summary judgment…