Joe v. Upper Room Ministries, Inc.

The plaintiff allegedly sustained injuries when he slipped and fell on ice in a parking lot owned by the defendant Upper Room Ministries, Inc. (hereinafter Upper Room).

*964The Supreme Court should have denied that branch of Upper Room’s motion which was for summary judgment dismissing the complaint insofar as asserted against it. In support of its motion, Upper Room submitted conflicting deposition testimony regarding the general condition of the parking lot at the time of the accident, and failed to submit evidence regarding when it or its agent last inspected the parking lot prior to the…