Van Alstine v. Kentucky Fried Chicken of California, Inc.

Mercure, J.P.

Appeal from an order of the Supreme Court (Castellino, J.), entered March 8, 2001 in Chemung County, which denied a motion by defendant Kentucky Fried Chicken of California, Inc. for summary judgment dismissing the complaint against it.

Plaintiffs commenced this personal injury action as the result of a slip and fall by plaintiff Todd Van Alstine (hereinafter plaintiff) in a restaurant operated by defendant Kentucky Fried *738Chicken of California, Inc. (hereinafter defendant). After joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint against…