Legal Opinion
Porco v. Marshalls Department Stores
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2006PublishedCited by 20 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered September 16, 2005, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff allegedly slipped on a clear liquid substance in the aisle of defendants’ store. The .record, including plaintiffs description of the configuration of the substance and defendants’ witness’s observation of the same, indicates that the substance was visible and apparent. Plaintiffs failure to notice the hazard *285prior to her fall did not conclusively establish defendants’ lack of notice…
2Cases cited5 opinions
- Joachim v. 1824 Church Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Britto v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Deluna-Cole v. Tonali, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Jacques v. Richal Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Wade-Westbrooke v. EshaghianAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by20 opinions
- Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
- Arzola v. Boston Properties Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 2009
- Sabalza v. SalgadoAppellate Division of the Supreme Court of the State of New York · 2011
- Holub v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Baptiste v. 1626 Meat Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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