Garcia v. Arbern Realty Co.

In a negligence action to recover damages for personal injuries, etc., defendant Ace Prescription Center, Inc., appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated January 26, 1982, which denied its motion for summary judgment dismissing the complaint as against it. Order reversed, on the law, with one bill of $50 costs and disbursements, motion granted. Plaintiff Jose Garcia was allegedly injured after patronizing the appellant’s drugstore, when he fell in a stairway used in common by all the business tenants and their customers. No party disputes the facts that…