Markking Smalls, Appellant-Respondent v. AJI Industries, Inc., Respondents, and Jahkim A. Jenkins…

Summary

The New York Court of Appeals reversed the Appellate Division’s grant of summary judgment for AJI Industries, reinstating the Supreme Court’s denial of the motion because AJI failed to make a prima facie showing that no material issues of fact existed regarding the dumpster’s location, and because the presence of warning devices was deemed irrelevant.