Fontanelli v. Price Chopper Operating Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Plaintiff Diane Fontanelli (hereinafter plaintiff) was injured while shopping at defendants’ supermarket when three gallon-sized water bottles fell from a shelf above her and hit her on the top and back of her head and on her arm. Plaintiff and her husband, derivatively, commenced this personal injury action alleging that defendants maintained their property in a dangerous and unsafe manner. They rely, at least in part, on the doctrine of res ipsa loquitur. Defendants moved for summary judgment after the completion of discovery. Supreme Court granted the motion and plaintiffs now appeal.
We…
2Cases cited16 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
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- Black v. Kohl's Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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