Gerner v. Shop-Rite of Uniondale, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), entered June 12, 2015, as denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.
The plaintiff was leaving the indoor café area of the defendants’ supermarket when she allegedly tripped over the base, or foot, of a decorative fence. A planter had been placed…
2Cases cited13 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Tagle v. JakobNew York Court of Appeals · 2001
- Sclafani v. Washington MutualAppellate Division of the Supreme Court of the State of New York · 2007
- Atehortua v. LewinAppellate Division of the Supreme Court of the State of New York · 2011
- Connor v. Taylor Rental Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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