Eddy v. Tops Friendly Markets
This text of 450 N.E.2d 243 (Eddy v. Tops Friendly Markets) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Memorandum.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (91 AD2d 1203; see, also, Madrid v City of New York, 42 NY2d 1039; and 1 NY PJI2d 274-275).
We do not reach and have not considered appellant’s argument, raised for the first time before us, that notice is not an element of an action against a self-service supermarket with respect to a fall caused by material in the aisle (see Ann., 85 ALR3d 1000).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.
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Cite This Page — Counsel Stack
450 N.E.2d 243, 59 N.Y.2d 692, 463 N.Y.S.2d 437, 1983 N.Y. LEXIS 3066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddy-v-tops-friendly-markets-ny-1983.