Legal Opinion

Hughey v. Wal-Mart, Inc.

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

Decided August 28, 2000PublishedCited by 3 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Nassau County (Dunne, J.), dated October 26, 1999, as denied its motion for summary judgment dismissing the complaint.

*442Ordered, that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

There is no duty on the part of a landowner to warn against a condition that is readily observable by those employing the reasonable use of their senses (see, Plessias v Scalia Home for Funerals, 271 AD2d 423;…

2Cases cited3 opinions

  1. Plessias v. John Vincent Scalia Home for Funerals, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Paulo v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Bastone v. 1144 Yonkers Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by3 opinions

  1. Gaines v. Shell-Mar Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Simmons v. Sam's East, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Calderon v. Nyack HospitalAppellate Division of the Supreme Court of the State of New York · 2002

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