Legal Opinion

Massio v. Pergament Distributors, Inc.

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

Decided May 11, 1992Published

1Opinion of the Court

— In a negligence action to recover damages for personal injuries, the defendants appeal from an interlocutory judgment of the Supreme Court, Westchester County (Donovan, J.), entered March 28, 1990, which, upon a jury verdict, found the plaintiff 45% at fault and the defendants 55% at fault in the happening of the accident.

Ordered that the interlocutory judgment is affirmed, with costs.

On the morning of December 27, 1982, the plaintiff went into the defendants’ store to purchase wallpaper. The plaintiff walked down the first aisle, directly ahead of the entrance, which was blocked by five or…

2Cases cited12 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  3. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  4. Boltax v. Joy Day CampNew York Court of Appeals · 1986
  5. Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988

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