Legal Opinion
Helms v. Regal Cinemas, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2008PublishedCited by 5 opinions
1Opinion of the Court
*1288Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he slipped and fell on water-saturated carpeting in the lobby of defendant’s movie theater. Defendant moved for summary judgment dismissing the complaint on the ground that there was a snowstorm in progress at the time of plaintiffs fall. We agree with plaintiff that Supreme Court erred in granting the motion (see Schuster v Dukarm, 38 AD3d 1358 [2007]). In support of the motion, defendant submitted, inter alia, the deposition testimony of plaintiff in which he testified that it had been snowing “most…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Schuster v. DukarmAppellate Division of the Supreme Court of the State of New York · 2007
- Williams v. Geneva B. Scruggs Community Health Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Boarman v. Siegel, Kelleher & KahnAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by5 opinions
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- KORTHALS, KATHLEEN M. v. LCB CAPITAL, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- SMITH, TERESA G. v. UNITED REFINING COMPANY OF PENNSYLVAppellate Division of the Supreme Court of the State of New York · 2017
- Smith v. United Refining Co. of PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 2017
- Smith v. United Refining Co. of PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 2017