Legal Opinion
Truesdell v. Rite Aid of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1996PublishedCited by 14 opinions
1Opinion of the CourtCasey, J.
*923Plaintiffs commenced this action to recover damages which arise out of injuries sustained by plaintiff Rose L. Truesdell (hereinafter plaintiff) when she tripped and fell in a parking lot owned and maintained by defendant. According to plaintiff, she fell because her sneaker caught in a hole that was part of a crack in the parking lot. After joinder of issue and completion of discovery, defendant moved for summary judgment dismissing the complaint based upon the absence of notice of the defect. Supreme Court denied the motion, resulting in this appeal by defendant.
We conclude that defendant…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Batton v. ElghanayanNew York Court of Appeals · 1978
- Torri v. Big V of Kingston, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Leven v. Tallis Department Store, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Kniffin v. Thruway Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by14 opinions
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- Whiting v. Bella Vista Development Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Moons v. Wade Lupe Construction Co.Appellate Division of the Supreme Court of the State of New York · 2005
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