Legal Opinion

Benware v. Big V Supermarkets, Inc.

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

Decided November 21, 1991PublishedCited by 18 opinions

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court (Conway, J.), entered January 24, 1991 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff commenced this action to recover for injuries sustained when she fell in defendant’s retail grocery store. Defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion and defendant appeals.

We reverse. Defendant supported its motion with an affidavit of its store manager stating that he was present in the store at the time of the accident and that he inspected the area where…

2Cases cited8 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Lewis v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1984
  3. Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
  4. Anderson v. Klein's Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Anderson v. Klein's Foods, Inc.New York Court of Appeals · 1988

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3Cited by18 opinions

  1. Russo v. Feder, Kaszovitz, Isaacson, Weber, Skala & Bass, LLPAppellate Division of the Supreme Court of the State of New York · 2002
  2. Strowman v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Richardson v. Ames Avenue Corp.Nebraska Supreme Court · 1995
  4. Collins v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Byrd-Tolson v. Supervalu, Inc.District Court, N.D. Illinois · 2007

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