Legal Opinion

Cummings v. Central Tractor Farm & Country, Inc.

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

Decided March 15, 2001PublishedCited by 14 opinions

1Opinion of the Court

Mercure, J. P.

Appeal from an order of the Supreme Court (Teresi, J.), entered July 28, 2000 in Albany County, which, inter alia, granted plaintiff’s cross motion for summary judgment.

In April 1997, plaintiff purchased a pair of boots at a retail store owned and operated by defendant Central Tractor Farm & Country, Inc. (hereinafter defendant). Because plaintiff wanted to wear the boots out of the store, he asked the sales clerk where he might sit down to put them on. He was directed to sit in a green multipositional lawn chair that was on display in the front of the store. Plaintiff did so…

2Cases cited5 opinions

  1. Kirkland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  2. Squitieri v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  3. Puccia v. FarleyAppellate Division of the Supreme Court of the State of New York · 1999
  4. Abar v. Freightliner Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Hartford Fire Insurance v. Regenerative Building Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by14 opinions

  1. Merrill v. Elmira Heights Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
  2. Jones v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Cutroneo v. DryerAppellate Division of the Supreme Court of the State of New York · 2004
  4. Dobson v. GioiaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Simmons v. PierceAppellate Division of the Supreme Court of the State of New York · 2007

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