Legal Opinion

Sorrentini v. Netta Realty Group

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

Decided November 13, 2012Published

1Opinion of the Court

*485Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 17, 2012, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously modified, on the law, to deny defendant DA & JA Deli & Grocery Corp.’s (Deli) motion, and otherwise affirmed, without costs.

Photographs and testimony from the parties raised factual issues whether plaintiff could have seen the cash register lying on the floor in time to avoid it as she entered the deli (see generally Westbrook v WR Activities-Cabrera Mkts., 5 AD3d 69 [1st Dept 2004]).

It was not unreasonable for…

2Cases cited5 opinions

  1. Tagle v. JakobNew York Court of Appeals · 2001
  2. Westbrook v. WR Activities-Cabrera MarketsAppellate Division of the Supreme Court of the State of New York · 2004
  3. Babich v. R.G.T. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Francis v. 107-145 West 135th Street Associates, Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2010
  5. Stryker v. D'Agostino Supermarkets Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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