Perry v. Cumberland Farms, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
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- Cantwell v. Rondout Savings BankAppellate Division of the Supreme Court of the State of New York · 2008
- Mueller v. Hannaford Bros.Appellate Division of the Supreme Court of the State of New York · 2000
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