Legal Opinion

James v. 1620 Westchester Avenue, LLC

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

Decided February 7, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Richter, J.

On or about September 18, 2005, plaintiff was walking home from the grocery store, pushing her shopping cart along the sidewalk on Morrison Avenue in the Bronx. As plaintiff walked, one of the wheels of the cart went into a hole in the sidewalk, causing the cart to flip over. Plaintiff fell to the ground and the cart fell on top of her. Plaintiff alleges that as a result of the accident she sustained a debilitating injury to her neck and a spiral fracture of her right leg.

Defendant 1620 Westchester Avenue, LLC, owns the premises known as 1620 Westchester Avenue,…

2Cases cited8 opinions

  1. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  2. Cherebin v. Empress Ambulance Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Harakidas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  4. Ascencio v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  5. Pardi v. BaroneAppellate Division of the Supreme Court of the State of New York · 1999

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