Legal Opinion

Burlarley v. Wal-Mart Stores, Inc.

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

Decided July 22, 2010PublishedCited by 14 opinions

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court (Zwack, J.), entered December 29, 2009 in Ulster County, which granted defendant’s motion for summary judgment dismissing the complaint.

After an hour of shopping, plaintiff and his wife proceeded to the checkout at defendant’s Wal-Mart store in the City of Kingston, Ulster County. The cashier, joking with the pair in an effort to make her work shift “go a little . . . faster,” pretended to ring up items for vastly more than they were worth and threw various items at plaintiff. Elaintiff, unamused, told her to stop, and the cashier initially complied.…

2Cases cited13 opinions

  1. Riviello v. WaldronNew York Court of Appeals · 1979
  2. N. X. v. Cabrini Medical CenterNew York Court of Appeals · 2002
  3. Adams v. New York City Transit AuthorityNew York Court of Appeals · 1996
  4. Carlson v. PorterAppellate Division of the Supreme Court of the State of New York · 2008
  5. Adams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Clark Street Wine & Spirits v. Emporos Systems Corp.District Court, E.D. New York · 2010
  2. Gray v. Schenectady City School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
  3. Smith v. BrownDistrict Court, S.D. Illinois · 2017
  4. People v. PaigeAppellate Division of the Supreme Court of the State of New York · 2010
  5. Stevens v. KellarAppellate Division of the Supreme Court of the State of New York · 2013

9 more not listed; retrieve them via the Exa API.

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