Wessels v. Service Merchandise, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Ingraham, J.), entered August 6, 1991 in Chenango County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiff Sherryl Wessels (hereinafter plaintiff) was injured when she fell on the sidewalk in front of defendant’s store. She testified that she ran across the parking lot because it was raining, proceeded onto the sidewalk and continued to run to an area of the sidewalk covered by a canopy, where her feet went out from under her. It is undisputed that the entire sidewalk, including the portion under the canopy, was…
2Cases cited15 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Lewis v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1984
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
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- Guldy v. Pyramid Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- King v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
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