Williams v. Waldbaums Supermarkets, Inc.

Ritter, J.,

dissents and votes to affirm the order appealed from, with the following memorandum: Because I believe that the manager’s alleged statements are admissible as against the defendant and raise a triable issue of fact as to whether the defendant had notice of the alleged hazardous condition, I respectfully dissent.

In an affidavit submitted in opposition to the defendant’s motion for summary judgment, the plaintiff averred, "When I fell, he [the manager] came over to me and was thereafter joined almost immediately by a second person, who appeared to be a maintenance person or porter.…