Legal Opinion
Crouch v. BJ's Wholesale Club, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2011PublishedCited by 4 opinions
1Opinion of the Court
Memorandum:
Plaintiff commenced this action seeking damages for an injury he sustained to his nose while attempting to load a heavy box of merchandise into a pickup truck with the assistance of defendant’s employee. Supreme Court denied defendant’s motion seeking summary judgment dismissing the complaint. That was error.
It is axiomatic that “a duty of reasonable care owed by a[n alleged] tortfeasor to an injured party is elemental to any recovery in negligence” (Palka v Servicemaster Mgt. Servs. Corp., 83 NY2d 579, 584 [1994]), and that “a duty may arise from negligent words or acts that…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Heard v. City of New YorkNew York Court of Appeals · 1993
- Kievman v. PhilipAppellate Division of the Supreme Court of the State of New York · 2011
- Malpeli v. YennaAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by4 opinions
- Arab v. Rouse CompanyAppellate Division of the Supreme Court of the State of New York · 2011
- Dalmau v. Vertis, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- DALMAU, MARIA S. v. VERTIS, INC.Appellate Division of the Supreme Court of the State of New York · 2017
- Dalmau v. Vertis, Inc.Appellate Division of the Supreme Court of the State of New York · 2017