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NINA GADAYEVA, APPELLANT, v. DAN'S SUPREME SUPERMARKETS, INC., D/B/A KEY FOOD, RESPONDENT.

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting the defendant's motion for summary judgment, as it failed to meet its prima facie burden of demonstrating its entitlement to judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Gladstone v. Burger King Corp., 261 A.D.2d 357; Goldman v. Waldbaum, 248 A.D.2d 436). The order must therefore be reversed and the motion denied.

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GADAYEVA v. DAN'S SUPREME SUPERMARKETS
(Aug 20, 2001)