Legal Opinion

Booker v. K-Mart Corp.

Buffalo City Court

Decided November 8, 2004Published

1Opinion of the Court

OPINION OF THE COURT

Philip M. Marshall, J.

Background

This is a personal injury action that resulted from a slip and fall that is alleged to have occurred in the parking lot of a store that was being operated by defendant, K-Mart, and owned by defendant and third-party plaintiff, Benderson Development. The third-party defendant, Emergency Electric, is alleged to have contracted with defendant and third-party plaintiff, Benderson Development, to perform snow removal services in the parking lot area.

The plaintiff is now moving for a bifurcated trial on the issues of liability and damages pursuant…

2Cases cited5 opinions

  1. Miglino v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Farinaro v. StateAppellate Division of the Supreme Court of the State of New York · 1987
  3. Guizzotti v. EnglishAppellate Division of the Supreme Court of the State of New York · 2000
  4. Shulga v. AshcroftAppellate Division of the Supreme Court of the State of New York · 2004
  5. Di Pirro v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2001

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