Legal Opinion

Mancini v. Quality Markets, Inc.

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

Decided December 31, 1998PublishedCited by 18 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff commenced this action seeking damages for personal injuries she sustained when she allegedly slipped and fell on grapes that were on the floor in the produce aisle of defendant supermarket. Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. Although plaintiff will bear the burden at trial of proving that defendant had actual or constructive notice of the dangerous condition, on a motion for summary judgment defendant bears the…

2Cases cited5 opinions

  1. Gordon v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. McClarren v. Price Chopper Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Van Steenburg v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Van Winkle v. Price Chopper Operating Co.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Notaro v. Buffalo Waterfront Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by18 opinions

  1. Yioves v. T.J. Maxx, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Pelow v. Tri-Main DevelopmentAppellate Division of the Supreme Court of the State of New York · 2003
  3. Tenkate v. Tops Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  4. Bailey v. CurryAppellate Division of the Supreme Court of the State of New York · 2003
  5. WEBB, CYNTHIA A. v. SALVATION ARMYAppellate Division of the Supreme Court of the State of New York · 2011

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