Gerbi v. Tri-Mac Enterprises of Stony Brook, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Jones, J.), dated December 7, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The injured plaintiff slipped and fell on soap on the bathroom floor of the defendant’s store. The defendant’s assistant manager testified at a deposition as to the store’s general inspection/cleanup policy.…