Holden v Sanaa Mini Mart, Inc.
2023 NY Slip Op 03142 [217 AD3d 1424]
June 9, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 9, 2023


[*1]
 Bertha Holden, Respondent,
v
Sanaa Mini Mart, Inc., et al., Appellants, et al., Defendants.

Mura Law Group, PLLC, Buffalo (Brendan S. Byrne of counsel), for defendants-appellants.

Andrews, Bernstein, Maranto & Nicotra, PLLC, Buffalo (Thomas P. Kotrys of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered June 13, 2022. The order, among other things, denied the motion of defendants Sanaa Mini Mart, Inc., and Royal Broadway Food, Inc., for summary judgment "on [the] ground[ ] that a question of fact exists as to the issue of constructive notice."

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.