Boyle v. Pottery Barn Outlet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Mayer, J), dated February 24, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff Elizabeth Boyle allegedly was injured when she tripped and fell over a cardboard box in the aisle of a store owned by the defendant. On its motion for summary judgment, the defendant made a prima facie showing that the complained-of condition was both open and obvious, i.e., readily…
2Cases cited7 opinions
- Paladino v. Time Warner CableAppellate Division of the Supreme Court of the State of New York · 2005
- Atehortua v. LewinAppellate Division of the Supreme Court of the State of New York · 2011
- Stern v. Costco WholesaleAppellate Division of the Supreme Court of the State of New York · 2009
- Espinoza v. Hemar Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Gagliardi v. Walmart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tahsin Mamati v. City of New York Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 2014
- Coppola v. Cure of Ars Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 2014
- Williams v. E & R Jamaica Food Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Mathis v. D.D. Dylan, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- DiScalo v. Mannix Family Mkt. @ Forest & Richmond Ave, LLCAppellate Division of the Supreme Court of the State of New York · 2022
1 more not listed; retrieve them via the Exa API.