Legal Opinion

Smith v. Costco Wholesale Corp.

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

Decided April 24, 2008PublishedCited by 53 opinions

1Opinion of the Court

*500Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered July 27, 2007, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

It is a well-established principle of law that a landowner is under a duty to maintain its property in a reasonably safe condition under the existing circumstances, which include the likelihood of injury to a third party, the potential that such an injury would be of a serious…

2Cases cited17 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  3. Kane v. Estia Greek Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Perez v. Bronx Park South AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
  5. Burkoski v. Structure Tone, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

12 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. Ross v. Betty G. Reader Revocable TrustAppellate Division of the Supreme Court of the State of New York · 2011
  2. Thompson v. Commack Multiplex CinemasAppellate Division of the Supreme Court of the State of New York · 2011
  3. Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Raghu v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  5. Fredette v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2012

48 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API