Legal Opinion

Schenpanski v. Promise Deli, Inc.

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

Decided October 25, 2011PublishedCited by 49 opinions

1Opinion of the Court

*983The injured plaintiff allegedly tripped and fell over a raised manhole cover in the parking lot of premises owned by the defendant Cliff Realty Corp. (hereinafter Cliff Realty), and leased to the defendant Promise Deli, Inc. (hereinafter Promise Deli). The Supreme Court granted the motion of Cliff Realty for summary judgment dismissing the complaint insofar as asserted against it and, upon searching the record, awarded summary judgment to Promise Deli, on the ground that the alleged defect was trivial and, thus, not actionable. We affirm.

Generally, the issue of whether a dangerous or…

2Cases cited13 opinions

  1. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  2. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  3. Outlaw v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Aguayo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  5. Fisher v. JRMR Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009

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3Cited by49 opinions

  1. Hutchinson v. Sheridan Hill House Corp.New York Court of Appeals · 2015
  2. Baldasano v. Long Island UniversityAppellate Division of the Supreme Court of the State of New York · 2016
  3. Gotay v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
  4. Melia v. 50 Court Street AssociatesAppellate Division of the Supreme Court of the State of New York · 2017
  5. Boesch v. Comsewogue Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2021

44 more not listed; retrieve them via the Exa API.

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