Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. KENNETH A. ANTINORO et al., Respondents, v. TOPS MARKETS, INC., Appellant. Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant's motion for summary judgment. There are triable issues of fact whether defendant breached its duty to keep its premises "in a reasonably safe condition, considering all of the circumstances including the purpose of the person's presence and the likelihood of injury" (Macey v Truman, 70 N.Y.2d 918, 919; see also, Basso v. Miller, 40 N.Y.2d 233, 240-241; Baker v. Sportservice Corp., 142 A.D.2d 991, 992).