Tenebruso v. Toys "R" Us—NYTEX, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in *1237accordance with the following Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by their son when he tripped and fell in defendant’s store. Plaintiffs alleged that the presence of “clutter” in the aisle, including boxes, shopping carts and a ladder, caused their son to fall and hit his head on the wheel of a shopping cart. Defendant asserted affirmative defenses alleging the comparative negligence of plaintiffs and their son.
Supreme Court properly denied defendant’s motion for…
2Cases cited11 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
- Eddy v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1983
- Morgan v. GenrichAppellate Division of the Supreme Court of the State of New York · 1997
- Crawford v. MarcelloAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by14 opinions
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- Ward v. BiancoAppellate Division of the Supreme Court of the State of New York · 2005
- Gentile v. University of Rochester Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
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