Legal Opinion
Hammer v. KMart Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1999No. Appeal No. 1PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for a directed verdict at the close of plaintiffs case. Plaintiff fell on what she believed was a puddle of water on the floor of defendant’s store. We reject plaintiffs contention that defendant had constructive notice of a dangerous condition because it was snowy and icy outside, and defendant knew that water may accumulate in different areas in the store (see, Piacquadio v Recine Realty Corp., 84 NY2d 967, 969). Plaintiff failed to…
2Cases cited3 opinions
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Migli v. DavenportAppellate Division of the Supreme Court of the State of New York · 1998
- Camizzi v. Tops, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Gloria v. MGM Emerald Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Solazzo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Lane v. Burlington Coat Factory Warehouse Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Lowe v. SpadaAppellate Division of the Supreme Court of the State of New York · 2001
- Hale v. Wilmorite, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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