Furment v. Ziad Food Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*563Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered April 2, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Defendants failed to establish their entitlement to judgment as a matter of law in this action where plaintiff alleges that she fell over a produce box that was placed next to her in a supermarket aisle while she was bending over to retrieve a product. As the movants, defendants bore the burden of disproving an essential element of plaintiffs claims and cannot…
2Cases cited4 opinions
- Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
- Westbrook v. WR Activities-Cabrera MarketsAppellate Division of the Supreme Court of the State of New York · 2004
- Centeno v. Regine's Originals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Burgos v. 205 E.D. Food Corp.Appellate Division of the Supreme Court of the State of New York · 2009