Hawks v Giant Food Stores, Inc. (2004 NY Slip Op 50799(U))

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Hawks v Giant Food Stores, Inc.

2004 NY Slip Op 50799(U)

Decided on July 1, 2004

Appellate Term, First Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 1, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570088/04

CAROLA HAWKS, Plaintiff-Appellant,

against

GIANT FOOD STORES, INC. d/b/a EDWARDS SUPERMARKETS AND EDWARDS SUPERMARKETS, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered May 19, 2003 (Robert A. Sackett, J.) which granted defendants' motion for summary judgment dismissing the complaint.

PER CURIAM:

Order entered May 19, 2003 (Robert A. Sackett, J.) affirmed, with $10 costs.

Summary judgment dismissal of the negligence action was warranted since plaintiff failed to rebut defendant's showing that it neither created the particular patch of grease alleged to have caused plaintiff to fall in the parking lot, nor had a reasonable time to correct or warn about its existence (see Mercer v City of New York, 88 NY2d 955 [1996]; Fedida v Paul Conte Cadillac, 258 AD2d 437 [1999]).

This constitutes the decision and order of the court.