Legal Opinion
Daily v. Tops Markets, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 2015No. 520667PublishedCited by 5 opinions
1Opinion of the Court
Lahtinen, J.P.
Appeal from an order of the Supreme Court (O’Shea, J.), entered April 14, 2014 in Chemung County, which granted a motion by defendant Tops Markets, LLC to dismiss the complaint against it.
Joel States (hereinafter decedent) was consuming alcohol and drugs with several companions when he passed out and appeared to have trouble breathing at about 1:00 a.m. on January 20, 2013. His companions placed the then unconscious decedent in his own car and drove the car to the parking lot of defendant Tops Markets, LLC. They reportedly told Tops’ employees at about 1:30 a.m. that there was…
2Cases cited9 opinions
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
- Lauer v. City of New YorkNew York Court of Appeals · 2000
- Crosland v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Darby v. Compagnie National Air FranceNew York Court of Appeals · 2001
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3Cited by5 opinions
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- Mitchell v. Just Lorraine's Place, LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Blackhawk Development, LLC v. Krusinski Construction CompanyDistrict Court, S.D. New York · 2021
- Mayorga v. Berkshire Farm Center and Services for YouthAppellate Division of the Supreme Court of the State of New York · 2016
- Nancy Hall v. Sonny VatajDistrict Court, S.D. New York · 2026