Legal Opinion
Figueroa v. Waldbaum's Inc.
New York Supreme Court
Decided January 8, 1994PublishedCited by 2 opinions
1Opinion of the Court
*380OPINION OF THE COURT
James J. Brucia, J.
It is ordered that this motion by plaintiffs for summary judgment on the issue of liability, and an order setting this case down for a hearing on the issue of damages, is granted in accordance herewith.
In this case, a three-year-old boy inserted his finger into an exposed moving conveyor belt mechanism at check-out counter number 8 at defendant’s supermarket. At his deposition the store manager testified that the 1 Vi-foot-long side panel removed from the conveyor belt mechanism at register number 8 was never found, and no witnesses actually saw the…
2Cases cited14 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Noce v. KaufmanNew York Court of Appeals · 1957
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Stein v. PalisiNew York Court of Appeals · 1955
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3Cited by2 opinions
- Rider v. SpeakerNew York Supreme Court · 1999
- Vandine v. Marley, No. Cv 95 0124656 (Feb. 15, 1996)Connecticut Superior Court · 1996