Salty v. Altamont Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Keegan, J.), entered December 7, 1992 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiff Edna Salty (hereinafter plaintiff) commenced this action to recover for injuries sustained as a result of her slip and fall on broken eggs in defendants’ store on July 16, 1988. Following discovery, defendants moved for summary judgment dismissing the complaint. The motion was denied. This appeal followed. We reverse. Clearly, defendants made a prima facie showing that they neither created the condition…
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