Blackmon v. Fay's Inc.

Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking damages for injuries she *720sustained when she cut her foot on a piece of metal protruding from the bottom of a display case in defendant’s store. Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint and plaintiffs cross motion for partial summary judgment on the issue of liability. Defendant failed to sustain its burden of establishing as a matter of law that it did not have actual or constructive notice of the dangerous condition that caused plaintiffs injury;…