Vasquez v. RVA Garage, Inc.

dissents and votes to affirm the order appealed from with the following memorandum: I disagree with my colleagues’ conclusion that the defendant RVA Garage, Inc. (hereinafter RVA) failed to establish its entitlement to summary judgment, and, therefore, I respectfully dissent and vote to affirm.

On the night of July 4, 1994, the plaintiff, Dionicio Vasquez, was on his way to a grocery store located one block away from his home when he saw a group of about 20 people, who had gathered in front of the store to watch fireworks. As he approached his destination, the plaintiff found that the…