Legal Opinion

Malenda v. Great Atlantic & Pacific Tea Co.

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

Decided April 22, 2008PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 26, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

The plaintiff’s decedent allegedly slipped and fell on some strawberries that had fallen onto the floor of the defendant’s store in Garfield, New Jersey. In support of its motion for summary judgment dismissing…

2Cases cited3 opinions

  1. Feldmus v. Ryan Food Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Marino v. Stop & Shop Supermarket Co.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Field v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by8 opinions

  1. Knack v. Red Lobster 286Appellate Division of the Supreme Court of the State of New York · 2012
  2. Moreno v. Moorleadher Janak ShankerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Willis v. Galileo Cortlandt, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Pollina v. Oakland's Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Mersack v. BJ's Wholesale Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

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