Colgan v. Newsday, Inc.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated March 13, 1995, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On September 29, 1987, the plaintiff Robert Colgan slipped as he stepped through the "archway” of the door to a walk-in freezer while carrying several boxes of frozen shrimp. In opposition to the defendant’s motion for summary judgment, Mr. Colgan submitted an affidavit in which he stated that, two days…