'Failure to make such prima facie showing requires a denial of the motion, regardless of the sufficiency of the opposing papers' (Smalls v AJI Industries. Inc., 10 NY3d 733 Zuckerman v City of NY, 49 NY2d 557, 2 562 Alvarez v Prospect Hosp., 68 NY2d 320, 324 Ayotte v Gervasio, 81 NY2d 1062 ). The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter oflaw, tendering sufficient evidence in admissible form to demonstrate the absence of any material issues of fact (see Vega v Restani Construction Corp., 18 NY3d 499 Ferluckaj v Goldman Sachs & Co., 12 NY3d 316 Smalls v AJI Industries. Defendants Price Chopper, Kimco, Compass Group USA, Inc., ('Compass') and M & H have made separate motions pursuant to CPLR 32 12 for summary judgment. As it happened, M & H had washed and waxed Aisle 15 between approximately 12:00 a.m. Kimco, in turn, subcontracted the floor maintenance work to defendant M & H Cleaning Services, Inc. Price Chopper had previously contracted with defendant Kimco Corporation ('Kimco') to provide maintenance services at this supermarket location. Because of the slippezy condition of the floor surface, she fell forward onto the floor. She then stepped off of the shelf, left foot fi rst. As she did this she stepped up onto the bottom shelf of the shelving unit. She grabbed onto a shelving unit with both hands in an attempt.

As she turned to enter the aisle her right foot went out from under her. At some point shortly thereafter she attempted to enter Aisle 15. According to her pre-trial deposition testimony, the plaintiff arrived at the supermarket, located ill the Town of Brunswick, Rensselaer County, at approximately 6:50 a.m. (collectively referred to as 'Price Chopper'). Ceresia, Jr., Justice The plaintiffs in the above-captioned action seek damages resulting from injuries sustained by plaintiff Cheryl Corning ('plaintiff) on Apwhen she slipped and fell inside a supermarket owned and/or operated by The Golub Corporation and Price Chopper Operating Co. 220 Columbia Turnpike Rensselaer, NY 12144 DECISION/ORDER George B. 3 5 5 Lexington A venue 7th Floor New York NY I 0017-6603 Corrigan, McCoy & Bush, PLLC Attorneys For Defendant M&H Cleaning Services, Inc. Attorneys For Defendant Kimco Corporation and Compass Group USA, Inc. Box 5437 Clifton Park, NY 12065 Gordon & Silber, P.C. 237817 Appearances: LaMarche Safranko Law, PLLC Attorneys For Plaintiffs 15 39 Crescent Road P.O. Ceresia, Jr., Supreme Court Justice Presiding RJI: 41 -0363-12 Index No. STATE OF NEW YORK SUPREME COURT COUNTY OF RENSSELAER CHERYL CORNING and EDWIN CORNING, Plaintiff, -againstPRICE CHOPPER OPERATING CO., INC., THE GOLUB CORPORATION, M & H CLEANING SERVICES, INC., KIMCO FACILITIES SERVICE CORPORATION a/k/a KIMCO CORPORATION, and COMPASS GROUP USA, INC., Defendants. This opinion is uncorrected and not selected for official publication. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. Ceresia Cases posted with a '30000' identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. 2014 NY Slip Op 30442(U) FebruSupreme Court, Rensselaer County Docket Number: 237817 Judge: Jr., George B. Corning v Price Chopper Operating Co., Inc.

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