De Conno v. Golub Corp.

We agree with the majority that summary judgment dismissing the complaint against defendant Mark Development Company should be granted. In our view, however, the remaining defendants are also entitled to summary judgment in that plaintiff has failed to raise a question of fact that their negligence caused her to fall in the Price Chopper supermarket. Plaintiffs own pretrial testimony indicates that she is unable to say what caused her to fall as she entered the aisle. Her most affirmative statement is that she assumed she tripped over a two-foot high orange-colored warning cone placed to the…