King v. Nassau County Department of Social Services

The Supreme Court properly dismissed the complaint insofar as asserted against the defendant D. & J. Refreshments, Inc. (hereinafter D. & J.). The proof offered by the defendants was sufficient to show that the defendant D. & J. was not negligent in its design and/or operation of the cafeteria, and the plaintiffs failed to offer sufficient evidentiary proof to show the existence of a factual question requiring denial of summary judgment (see, Zuckerman v City of New York, 49 NY2d 557; Hagan v General Motors Corp., 194 AD2d 766; Morrison v Flintosh, 163 AD2d 646; Spearmon v Times Sq. Stores…