Legal Opinion
Milkie v. Tops Markets, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1994PublishedCited by 1 opinion
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Because the record, when viewed most favorably to plaintiff, establishes that defendant Tops Markets, Inc. (Tops) had notice of the likelihood of criminal conduct by third parties that would endanger the safety of its patrons, Supreme Court erred in granting its motion for summary judgment (see, Waters v New York City Hous. Auth., 69 NY2d 225, 228; see generally, Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 519; Newell v Swiss Reassurance Co., 181 AD2d 505, 506;…
2Cases cited4 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Waters v. New York City Housing AuthorityNew York Court of Appeals · 1987
- Carroll v. Ar De Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Newell v. Swiss Reassurance Co.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- Peterson v. Barry, Bette & Led Duke, Inc.New York Supreme Court · 1996