Westbrook v. WR Activities-Cabrera Markets
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
This appeal gives us the opportunity to investigate and reexamine the proposition that a property owner will not be liable in tort under a theory of common-law negligence when a complained-of dangerous condition was open and obvious.
Plaintiff Ruth Westbrook states that on May 29, 1998, as a result of defendant’s negligence, she tripped and fell over a cardboard box that had been left in an aisle at a Met Foods supermarket on White Plains Road in the Bronx. Her testimony at deposition described how she was at the checkout counter when the cashier informed her that…
2Cases cited15 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
- Liriano v. Hobart Corp.New York Court of Appeals · 1998
- Tagle v. JakobNew York Court of Appeals · 2001
- MacDonald v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2003
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- Sniatecki v. Violet Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
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