Legal Opinion

Imperati v. Kohl's Department Stores, Inc.

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

Decided January 12, 2012PublishedCited by 8 opinions

1Opinion of the CourtKavanagh, J.

*1112Plaintiffs contend that Supreme Court erred when it granted Kohls’ motion for summary judgment on the ground that, as a matter of law, the storm in progress doctrine applied to the circumstances surrounding this accident. Specifically, Kohls claimed that on the facts presented, Kohls did not have a reasonable amount of time to address the hazardous conditions created by the storm because it had ended only a short time prior to plaintiffs accident (see O’Neil v Ric Warrensburg Assoc., LLC, 90 AD3d 1126, 1126 [2011]; Sanders v Wal-Mart Stores, Inc., 9 AD3d 595, 595 [2004]; Howard v J.A.J.…

2Cases cited13 opinions

  1. Parker v. Rust Plant Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Kearsey v. Vestal Park, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Giblin v. Pine Ridge Log Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Sanders v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Howard v. J.A.J. Realty Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001

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3Cited by8 opinions

  1. Carpenter v. Nigro Cos., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  2. Shaw v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  3. Hannigan v. Staples, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Emerson v. KPH Healthcare Servs., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  5. Anson v. Monticello Raceway Mgt., Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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