Beckerleg v. Tractor Supply Co.

Lahtinen, J.P.

Appeal from an order of the Supreme Court (Cahill, J.), entered March 30, 2012 in Ulster County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff allegedly slipped and fell on dry dog food that had spilled from a broken bag into an aisle at defendant’s store. He commenced this negligence action seeking damages for injuries that he claims he sustained in the fall. Following disclosure, defendant moved for summary judgment dismissing the complaint contending that it had neither actual nor constructive notice of the spilled dog food. Supreme…