Amann v. Key Foods Supermarkets, Inc.

Appellate Division of the Supreme Court of New York

Amann v. Key Foods Supermarkets, Inc.

196 A.D.2d 759, 601 N.Y.S.2d 920, 1993 N.Y. App. Div. LEXIS 8667

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

DecidedSeptember 23, 1993

StatusPublished

Cited by1 cases

This text of 196 A.D.2d 759 (Amann v. Key Foods Supermarkets, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amann v. Key Foods Supermarkets, Inc., 196 A.D.2d 759, 601 N.Y.S.2d 920, 1993 N.Y. App. Div. LEXIS 8667 (N.Y. Ct. App. 1993).

Pincite

Opinion

Order, Supreme Court, Bronx County (Howard Silver, J.), entered October 7, 1991, which denied motions for summary judgment by third-party defendant and defendant to dismiss the third-party complaint and the complaint, unanimously affirmed, with costs.

Material issues of fact exist in this action to recover for personal injuries allegedly suffered by third-party defendant’s sales representative as a result of having bent over a shopping cart to pick up a 50-pound box of cheese to be put on display in defendant and third-party plaintiffs supermarket. These include whether third-party defendant breached its duty to properly train and equip its employee, whether defendant failed to provide adequate and proper equipment and assistance to plaintiff in setting up the store display, and whether defendant violated Labor Law §§ 200 and 376.

Since a determination of liability in the third-party action will necessarily depend upon a finding of negligence, if any, on defendant’s part, the IAS Court properly declined to dismiss the third-party complaint at this time (see, Corbett v Brown, 32 AD2d 27, 33). Concur—Rosenberger, J. P., Asch, Kassal and Rubin, JJ.

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Order, Supreme Court, Bronx County (Howard Silver, J.), entered October 7, 1991, which denied motions for summary judgment by third-party defendant and defendant to dismiss the third-party complaint and the complaint, unanimously affirmed, with costs.

Material issues of fact exist in this action to recover for personal injuries allegedly suffered by third-party defendant’s sales representative as a result of having bent over a shopping cart to pick up a 50-pound box of cheese to be put on display in defendant and third-party plaintiffs supermarket. These include whether third-party defendant breached its duty to properly train and equip its employee, whether defendant failed to provide adequate and proper equipment and assistance to plaintiff in setting up the store display, and whether defendant violated Labor Law §§ 200 and 376.

Since a determination of liability in the third-party action will necessarily depend upon a finding of negligence, if any, on defendant’s part, the IAS Court properly declined to dismiss the third-party complaint at this time (see, Corbett v Brown, 32 AD2d 27, 33). Concur—Rosenberger, J. P., Asch, Kassal and Rubin, JJ.

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Bluebook (online)

196 A.D.2d 759, 601 N.Y.S.2d 920, 1993 N.Y. App. Div. LEXIS 8667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amann-v-key-foods-supermarkets-inc-nyappdiv-1993.

Opinion

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