Legal Opinion

Hardsog v. Price Chopper Operating Co.

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

Decided October 25, 2012PublishedCited by 6 opinions

1Opinion of the CourtMcCarthy, J.

As plaintiff was leaving defendants’ grocery store, he tripped and fell, resulting in injuries including a fractured hip. Plaintiff, a double amputee who walked with prosthetic legs and two canes, commenced this action and alleged that he tripped because his prosthetic foot got caught in a depression caused by chipped floor tiles. Following discovery, defendants moved for summary judgment dismissing the complaint. Plaintiff cross-moved for leave to conduct an investigation of the premises. Supreme Court granted defendants’ motion, finding that the *1131defect was trivial as a matter of law, and…

2Cases cited8 opinions

  1. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  2. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
  3. Romano v. StanleyNew York Court of Appeals · 1997
  4. Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
  5. Liebl v. Metropolitan Jockey ClubAppellate Division of the Supreme Court of the State of New York · 1960

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3Cited by6 opinions

  1. Medina v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  2. Dyer v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
  3. Williams v. Plaxall Realty Sub, LLC.Appellate Division of the Supreme Court of the State of New York · 2023
  4. Williams v. Plaxall Realty Sub, LLC.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Dyer v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014

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