Faricelli v. TSS Seedman's, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff-wife slipped and fell on a blackened banana peel on the floor in the housewares section of a department store operated by defendant TSS Seedman’s, Inc., and brought suit for damages. Plaintiffs contended that, because the peel was blackened, defendant must have had notice of a dangerous condition on the premises. Defendant moved for summary judgment, arguing that there was no triable issue of fact on the issue of notice. Supreme Court denied summary judgment, and defendant appealed but…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Bray v. CoxNew York Court of Appeals · 1976
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- Anderson v. Klein's Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Anderson v. Klein's Foods, Inc.New York Court of Appeals · 1988
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