Legal Opinion

Legon v. Petaks

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

Decided February 11, 2010PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 13, 2009, which granted defendant’s motion for summary judgment dismissing the complaint, reversed, on the law, without costs, the motion denied, and the complaint reinstated.

Defendant failed to establish its prima facie entitlement to judgment as a matter of law. Plaintiff sustained injuries when, while looking at a food display counter, her foot became caught in the space between the floor and a metal stand holding wire shopping baskets, which was elevated several inches above the floor, causing her to trip and…

2Cases cited2 opinions

  1. Westbrook v. WR Activities-Cabrera MarketsAppellate Division of the Supreme Court of the State of New York · 2004
  2. Mauriello v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by7 opinions

  1. Castro v. Village Super Mkt. of NY, LLCAppellate Division of the Supreme Court of the State of New York · 2022
  2. Moss v. Westside Supermarket LLCAppellate Division of the Supreme Court of the State of New York · 2021
  3. Moss v. Westside Supermarket LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Aupperlee v. Restaurant Depot, LLCAppellate Division of the Supreme Court of the State of New York · 2019
  5. Grant v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 2026

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