FOLEY v. EXOLON ESK CORPORATION (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Thomas J. FOLEY and Donna Foley, Plaintiffs-Appellants, v. EXOLON-ESK CORPORATION, Defendant-Respondent.

Decided: May 07, 1999

PRESENT: PINE, J. P., WISNER, HURLBUTT, SCUDDER and CALLAHAN, JJ.

Robert J. Lane, Buffalo. Mark Della Posta, Walsh, Roberts & Grace, Buffalo.

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:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network