Legal Opinion

Santise v. Martins, Inc.

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

Decided February 26, 1940PublishedCited by 21 opinions

1Opinion of the CourtClose, J.

While trying on a pair of shoes in the basement of the defendant’s department store, the plaintiff was injured by a nail protruding from the inner sole of one of the shoes. She brought this action in the Municipal Court against the owner of the store, alleging negligence. The occurrence of the accident was not disputed. The defense, established by uncontradicted proof, was that the basement shoe department, in which the injury was sustained, was leased to an independent operator. The Appellate Term reversed a judgment in favor of the plaintiff and dismissed the complaint, on the ground that…

2Cases cited7 opinions

  1. Hannon v. . Siegel-Cooper Co.New York Court of Appeals · 1901
  2. Bruckel v. J. Milhau's SonAppellate Division of the Supreme Court of the State of New York · 1907
  3. Pearlman v. Garrod Shoe Co.New York Court of Appeals · 1937
  4. Stevens v. HulseNew York Court of Appeals · 1934
  5. Garvey v. A. I. NammAppellate Division of the Supreme Court of the State of New York · 1910

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

3Cited by21 opinions

  1. Mduba v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 1976
  2. Irving v. Doctors Hosp. of Lake Worth, Inc.District Court of Appeal of Florida · 1982
  3. Alfieri v. Cabot Corp.Appellate Division of the Supreme Court of the State of New York · 1962
  4. Naples v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1970
  5. Kirk v. Stineway Drug Store Co.Appellate Court of Illinois · 1963

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

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