Dietzen v. Aldi Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Susan Dietzen (plaintiff) when she tripped and fell over a wooden pallet in a store owned by defendant. We conclude that Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. Even assuming, arguendo, that defendant met its initial burden of establishing entitlement to summary judgment, we conclude that plaintiffs raised triable issues of fact sufficient to defeat the motion (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Although there are…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Knepka v. TallmanAppellate Division of the Supreme Court of the State of New York · 2000
- Monge v. Home Depot, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Martin v. SavageAppellate Division of the Supreme Court of the State of New York · 2002
- Schoen v. Rochester Gas & Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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- HALE, JOSEPH C. v. MEADOWOOD FARMS OF CAZENOVIA, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Edwards v. St. Elizabeth Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
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