SHE HAD A BEEF WITH THE MEAT PLACE'S DOOR SADDLE AND SLIDING DOOR
Agnes D. sued the Nostrand II Meat Corp d/b/a The Meat Place after she was injured at the entrance to the defendant’s store.
When the company later moved for pre-trial relief in its favor, the Kings County Supreme Court granted the request supposedly because Agnes couldn’t identify what had caused her fall.
On appeal, the Appellate Division, Second Department, affirmed the decision, but for a different reason.
On its review of the record, it noted that Agnes had testified at a deposition that she tripped on a door saddle and was then hit by the sliding door. The problem with her case, however, was that she was unable to demonstrate that either the door saddle or the sliding door “were in a dangerous or defective condition.”
In the absence of such a demonstration, the AD2 let the dismissal stand.
They basically slammed the sliding door shut there.
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DECISION