Legal Opinion
Sewer v. Fat Albert's Warehouse, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 1997PublishedCited by 12 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated December 15, 1995, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff was injured when, while making her way through a narrow pathway formed by crowded racks of winter jackets at the defendant’s store, she stepped on a wire shopping basket which was beneath the racks. The plaintiff, however, offered…
2Cases cited4 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Binensztok v. StoresAppellate Division of the Supreme Court of the State of New York · 1996
- Gordon v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Benatovich v. Propis Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by12 opinions
- Chiranky v. Marshalls, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Reuscher v. Pergament Home Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Belogolovkin v. 1100-1114 Kings Highway LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Lamia v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Thomas v. Price-Mart Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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