Sumell v. Wegmans Food Markets, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied without prejudice defendant’s motion for summary judgment dismissing the complaint and granted plaintiffs cross motion to compel further discovery. Plaintiff slipped and fell on a corn-husk in one of defendant’s stores and commenced this action, alleging that defendant had actual and constructive notice of the dangerous condition and had created it. While defendant met its initial burden of establishing as a matter of law that it had neither actual nor constructive notice of the dangerous condition, defendant…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Billy v. Consolidated Machine Tool Corp.New York Court of Appeals · 1980
- Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
- Eddy v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1983
- Lavin & Kleiman v. J.M. Heinike Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by6 opinions
- Rivers v. May Department Stores Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Telesco v. BateauAppellate Division of the Supreme Court of the State of New York · 2000
- Steenwerth v. United Refining Co. of PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 2000
- Brown v. KruegerAppellate Division of the Supreme Court of the State of New York · 2004
- Sulinski v. Ardco, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
1 more not listed; retrieve them via the Exa API.