Stryker v. D'Agostino Supermarkets Inc.

In this personal injury action, plaintiff Mirjana Lewis alleges that she tripped and fell on a raised corner of a mat located in a vestibule of a D’Agostino’s supermarket. To establish their entitlement to summary judgment, defendants were required to demonstrate as a matter of law that they maintained the subject property in a reasonably safe condition and neither created the alleged dangerous condition nor had actual or constructive notice thereof (see Ross v Betty G. Reader Revocable Trust, 86 AD3d 419, 421 [2011]).

The record shows that a question of fact exists as to constructive notice…