Felix v. Sears, Roebuck & Co.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about January 10, 2008, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

This personal injury action arises from a slip and fall that occurred in defendant’s store on July 7, 2005 at about 6:00 p.m. Plaintiff testified at his deposition that he and his wife were shopping in the housewares department when he slipped on what he described as an “oily” substance that “had like a detergent smell in it.” He recounted that…