FOLEY v. EXOLON ESK CORPORATION (1999)

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint.   Plaintiffs' submissions in opposition to defendant's motion raised an issue of fact whether the presence of a greasy substance on defendant's loading dock was a dangerous condition that occurred at regular intervals so as to constitute constructive notice (see, Morales v. Jolee Consolidators, 173 A.D.2d 315, 569 N.Y.S.2d 699;  Weisenthal v. Pickman, 153 A.D.2d 849, 851, 545 N.Y.S.2d 369).

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

MEMORANDUM: