Safier v. Saggio Restaurant Inc.

Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered December 13, 2016, which denied defendant Tri-State Biodiesel, LLC’s motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendant Tri-State Biodiesel, which collects used cooking oil from restaurants, established prima facie that it did not cause the large slick of cooking oil and/or grease to be on the road where plaintiff slipped and fell riding his bicycle. TriState submitted an…