Galit Schloss v Stew Leonard's Yonkers, LLC

Schloss v Stew Leonard's Yonkers, LLC 2005 NY Slip Op 09464 [24 AD3d 223] December 13, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

Galit Schloss, Respondent,
v
Stew Leonard's Yonkers, LLC, Appellant.

—[*1]

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 26, 2005, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The record raises a triable factual issue as to whether an employee of defendant created the alleged hazard by either placing a "U-boat" dolly behind plaintiff or leaving it unattended in a shopping aisle of defendant's store. In this connection we note the deposition testimony of the store's security supervisor in which he stated that the "U-boat" dollies were used to transport products from the store's warehouse to the retail area for shelving and were not for customer use (see Burgos v Aqueduct Realty Corp., 92 NY2d 544, 550 [1998]; Healy v ARP Cable, 299 AD2d 152, 154 [2002]). Concur—Tom, J.P., Marlow, Gonzalez and Sweeny, JJ.