Frank v. Price Chopper Operating Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order *941unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action seeking to recover damages for personal injuries sustained by Congetta Frank (plaintiff) when she slipped and fell on a piece of waxed paper in the aisle at defendant’s store. Supreme Court properly denied that part of defendant’s motion seeking summary judgment dismissing the complaint insofar as it is based on the theories that defendant affirmatively created the dangerous condition or had constructive notice of it. It is well established that a party cannot obtain summary judgment “by pointing to gaps in…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Orcutt v. American Linen Supply Co.Appellate Division of the Supreme Court of the State of New York · 1995
- George Larkin Trucking Co. v. Lisbon Tire Mart, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Tenebruso v. Toys "R" Us—NYTEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Telesco v. BateauAppellate Division of the Supreme Court of the State of New York · 2000
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