Legal Opinion

Perry v. Cumberland Farms, Inc.

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

Decided December 17, 2009PublishedCited by 7 opinions

1Opinion of the Court

Rose, J.P.

Plaintiff commenced this action seeking to recover for injuries he allegedly sustained when, while walking across defendant’s parking lot, he fell after his feet became entangled in a plastic band used to bundle newspapers. Defendant moved for summary judgment dismissing the complaint on the ground that it had no actual or constructive notice of the allegedly dangerous condition that caused plaintiff’s injuries. Supreme Court granted the motion, prompting this appeal by plaintiff.

*1410In support of its motion for summary judgment, defendant had the burden to establish that it “maintained…

2Cases cited14 opinions

  1. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  2. Candelario v. Watervliet Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  3. Walker v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Cantwell v. Rondout Savings BankAppellate Division of the Supreme Court of the State of New York · 2008
  5. Mueller v. Hannaford Bros.Appellate Division of the Supreme Court of the State of New York · 2000

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

3Cited by7 opinions

  1. Cietek v. Bountiful Bread of Stuyvesant Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Moss v. Capital District Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Black v. Kohl's Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Flahive v. Union CollegeAppellate Division of the Supreme Court of the State of New York · 2012
  5. Flahive v. Union CollegeAppellate Division of the Supreme Court of the State of New York · 2012

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

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