Legal Opinion

Rosa v. Food Dynasty

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

Decided August 25, 2003PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated June 24, 2002, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant had stacked shopping baskets outside of its store for customer use, and some of those baskets were scattered about the sidewalk. The plaintiff tripped and fell over one of the scattered baskets. The plaintiff commenced this action and,…

2Cases cited5 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
  3. Yearwood v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. McDuffie v. Fleet Financial Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Maguire v. Southland Corp.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by7 opinions

  1. Early v. Hilton Hotels Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Espinoza v. Hemar Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Belogolovkin v. 1100-1114 Kings Highway LLCAppellate Division of the Supreme Court of the State of New York · 2006
  4. Ameneiros v. Seaside Co.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Chiamulera v. New Windsor MallAppellate Division of the Supreme Court of the State of New York · 2023

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