Antinoro v. Tops Markets, Inc.

Appellate Division of the Supreme Court of New York

Antinoro v. Tops Markets, Inc.

195 A.D.2d 972, 602 N.Y.S.2d 567, 1993 N.Y. App. Div. LEXIS 7748

Appellate Division of the Supreme Court of the State of New York·Decided July 16, 1993·Published·Cited by 1 cases

Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment. There are triable issues of fact whether defendant breached its duty to keep its premises "in a reasonably safe condition, considering all of the circumstances including the purpose of the person’s presence and the likelihood of injury” (Macey v Truman, 70 NY2d 918, 919; see also, Basso v Miller, 40 NY2d 233, 240-241; Baker v Sportservice Corp., 142 AD2d 991, 992). (Appeal from Order of Supreme Court, Cayuga County, Corning, J.—Summary Judgment.) Present—Callahan, J. P., Green, Pine, and Fallon, Davis, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment. There are triable issues of fact whether defendant breached its duty to keep its premises "in a reasonably safe condition, considering all of the circumstances including the purpose of the person’s presence and the likelihood of injury” (Macey v Truman, 70 NY2d 918, 919; see also, Basso v Miller, 40 NY2d 233, 240-241; Baker v Sportservice Corp., 142 AD2d 991, 992). (Appeal from Order of Supreme Court, Cayuga County, Corning, J.—Summary Judgment.) Present—Callahan, J. P., Green, Pine, and Fallon, Davis, JJ.

Antinoro v. Tops Markets, Inc., 195 A.D.2d 972, 602 N.Y.S.2d 567, 1993 N.Y. App. Div. LEXIS 7748 (N.Y. Ct. App. 1993).

Pincite

195 A.D.2d 972 (Antinoro v. Tops Markets, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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