Oprisko v. Royal Jobbers, Inc.

Plaintiff commenced this action as a result of a slip and fall on a paved walkway located between a street in Broome County owned by defendant Village of Endicott and a retail store owned and operated by the remaining defendants. After discovery had been completed, plaintiff moved for a preference and defendants cross-moved for summary judgment. Supreme Court granted plaintiff’s motion and denied defendants’ cross motions.

Turning first to the appeal by the village, we conclude that its motion for summary judgment should have been granted. During her examination before trial, plaintiff fixed…