Sprague v. Profoods Restaurant Supply, LLC

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered May 7, 2010, which, insofar as appealed from as limited by the briefs, denied defendants Profoods Restaurant Supply, LLC and BJ’s Wholesale Club, Inc.’s motion for summary judgment dismissing the complaint as to them, unanimously affirmed, without costs.

While the evidence submitted by defendants in this slip-and-fall case was sufficient to establish that they neither created the alleged icy hazard nor had actual knowledge of it, the evidence was insufficient to establish as a matter of law that they lacked constructive notice…