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CARBONE v. GREAT ATLANTIC & PACIFIC TEA COMPANY

279 A.D.2d 545 (2001)

719 N.Y.S.2d 603

BLANCHE CARBONE et al., Respondents, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 22, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs' motion for leave to reargue (see, Loland v City of New York, 212 A.D.2d 674). Furthermore, since the evidence submitted by the plaintiffs raised a triable issue of fact (see, CPLR 3212 [b]) as to whether the stanchion over which the injured plaintiff tripped and fell constituted a hazardous...

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