ANTINORO v. TOPS MARKETS, INC

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).