West v. Great Atlantic & Pacific Tea Co.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered July 2, 1998, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Where the defendant has established its entitlement to summary judgment as a matter of law in a slip and fall case involving debris on a supermarket floor, “the plaintiff must demonstrate that the defendant either created the allegedly dangerous…