Legal Opinion

Megally v. 440 West 34th Street Co.

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

Decided January 13, 1998PublishedCited by 11 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about January 13, 1997, granting defendants summary judgment dismissing the complaint, unanimously reversed, on the law and the facts, without costs, the motion denied, the complaint reinstated and the matter remanded for further proceedings.

Plaintiff slipped on a peach pit near the single garbage pail on his floor, as a consequence of which he allegedly sustained personal injuries. Evidence provided by defendant’s employee, the porter, indicated that garbage commonly overflowed the *347single garbage pail provided for each…

2Cases cited5 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  3. O'Connor-Miele v. Barhite & Holzinger, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Anderson v. Klein's Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Anderson v. Klein's Foods, Inc.New York Court of Appeals · 1988

3Cited by11 opinions

  1. Keum Choi v. Olympia & York Water Street Co.Appellate Division of the Supreme Court of the State of New York · 2000
  2. O'Rourke v. Williamson, Picket, Gross, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. O'Grady v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  4. Lowe v. SpadaAppellate Division of the Supreme Court of the State of New York · 2001
  5. Welch v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2000

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