Legal Opinion

Reuscher v. Pergament Home Centers, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 1998PublishedCited by 12 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Dunne, J.), dated January 31, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff was injured when she tripped and fell over the leg of a mobile display standing in an aisle of the defendant’s store. Viewing the evidence in the light most favorable to the plaintiffs (see, Hantz v Fishman, 155…

2Cases cited5 opinions

  1. Binensztok v. StoresAppellate Division of the Supreme Court of the State of New York · 1996
  2. Hantz v. FishmanAppellate Division of the Supreme Court of the State of New York · 1989
  3. Ackermann v. Town of FishkillAppellate Division of the Supreme Court of the State of New York · 1994
  4. Sewer v. Fat Albert's Warehouse, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Varrone v. DinaroAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by12 opinions

  1. Plessias v. John Vincent Scalia Home for Funerals, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Chiranky v. Marshalls, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Wint v. Fulton Street Art Gallery, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Casamassa v. Waldbaum's Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Negin v. New York AquariumAppellate Division of the Supreme Court of the State of New York · 2004

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