Hilsman v. Sarwil Associates, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered March 30, 2004 in Saratoga County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiffs commenced this negligence action to recover for knee injuries allegedly sustained by plaintiff Charles Hilsman, Jr. (hereinafter the child) on August 11, 1998 when he—an 11 year old using crutches due to a broken ankle—slipped and fell on a wet floor just inside an entrance to the Wilton Mall, located in the Town of Wilton, Saratoga County. Asserting a storm in progress defense and lack of notice,…
2Cases cited25 opinions
- Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
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- Yearwood v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Fusco v. Stewart's Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1994
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