Hightower v. Alexander

—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in summarily granting defendants’ motion for summary judgment dismissing the complaint in this negligence action. Denise Hightower (plaintiff) sustained injuries when she slipped and fell on an oily spot in the parking lot of a nursing home owned and operated by defendants. In support of their motion, defendants submitted proof in admissible form to show that they did not have actual or constructive notice of the oil spill (see, Eddy v Tops Friendly Mkts., 91 AD2d 1203,…