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Teleschevsky v. Red Apple Fruit and Grocery Corp.

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 2, 2010

RIVA TELESCHEVSKY, RESPONDENT,
v.
RED APPLE FRUIT AND GROCERY CORP., D/B/A LERMAN'S, ET AL., APPELLANTS.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated May 20, 2009, which denied their motion for summary judgment dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P. J., MARK C. DILLON, RANDALL T. ENG, SHERI S. ROMAN, JJ.

(Index No. 28493/06)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff alleges that she tripped and fell over a wooden pallet which protruded several inches outward from beneath a display of watermelons in the defendants' fruit and vegetable store. After joinder of issue, the defendants moved for summary judgment dismissing the complaint. The defendants failed to establish their prima facie entitlement to judgment as a matter of law dismissing the complaint (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853).

Accordingly, the Supreme Court properly denied the defendants' motion.

PRUDENTI, P. J., DILLON, ENG and ROMAN, JJ., concur.

20100302

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