Legal Opinion
Hofmann v. Toys "R" Us — NY Limited Partnership
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 2000PublishedCited by 34 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 27, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff was injured when she was struck by a box of diapers which she tried to remove from the top shelf of a diaper feed rack at one of the defendant’s stores. She contends that the defendant created a dangerous condition by placing the boxes of diapers on the top shelf instead of on the floor and…
2Cases cited5 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Matott v. WardNew York Court of Appeals · 1979
- Ruggiero v. Waldbaums Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Mendes v. Whitney-Floral Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by34 opinions
- Kingsbrook Jewish Medical Center v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- O'Boy v. Motor Coach Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Fredette v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2012
- Paul v. CooperAppellate Division of the Supreme Court of the State of New York · 2007
- Rosen v. LoftAppellate Division of the Supreme Court of the State of New York · 2005
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