Grzankowski v. Southgate Plaza, Inc.

Pigott, Jr.

(dissenting). I respectfully dissent. In my view, Southgate Plaza, Inc. (defendant) met its burden of establishing its entitlement to summary judgment as a matter of law, and plaintiffs failed to raise a triable issue of fact. Consequently, I would affirm.

On March 12, 1992, at about 4:15 p.m., Susan M. Grzankowski (plaintiff) sustained injuries in a fall in the parking lot of Southgate Plaza, a shopping center located in West Seneca that is owned and operated by defendant. Defendant moved for summary judgment, contending that at the time of plaintiff’s fall the western New York…