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Rivas v. Waldbaums Supermarket, Inc.
Citations: 247 A.D.2d 600; 669 N.Y.S.2d 234; 1998 N.Y. App. Div. LEXIS 1738
Court: Appellate Division of the Supreme Court of the State of New York; February 22, 1998; New York; State Appellate Court
Waldbaums Supermarket, Inc. appeals a Supreme Court order from December 3, 1996, which denied its motion for summary judgment to dismiss the complaint and cross claims against it. The plaintiff, Jose Mauricio Osorto Rivas, an employee of Regal Industrial Service, sustained injuries to his left hand while using a scraper to remove a sticker in a Waldbaums store during nighttime cleaning operations. The plaintiff alleges that Waldbaums was negligent due to inadequate lighting, which he had previously reported. The court found that Waldbaums did not prove, as a matter of law, that it was unaware of the lighting issues or that these conditions were not a proximate cause of the injury. Consequently, the Supreme Court's decision to deny the motion for summary judgment was affirmed, with costs awarded.