Ginsberg v. Waldbaum, Inc.

Appellate Division of the Supreme Court of New York

Ginsberg v. Waldbaum, Inc.

228 A.D.2d 410, 643 N.Y.2d 652, 643 N.Y.S.2d 652, 1996 N.Y. App. Div. LEXIS 6226

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

DecidedJune 3, 1996

StatusPublished

Cited by2 cases

This text of 228 A.D.2d 410 (Ginsberg v. Waldbaum, 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.

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Ginsberg v. Waldbaum, Inc., 228 A.D.2d 410, 643 N.Y.2d 652, 643 N.Y.S.2d 652, 1996 N.Y. App. Div. LEXIS 6226 (N.Y. Ct. App. 1996).

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Opinion

[411]*411The plaintiff Rhoda Ginsberg allegedly slipped and fell on string beans which were on the floor of a store owned by the defendant and sustained injuries as a result of her fall. The plaintiffs contend that there is sufficient evidence to establish that the defendant created the condition so as to preclude summary judgment. We disagree. The plaintiffs’ assertion that the string beans fell to the floor due to the way they were stacked by an employee of the defendant is based on conjecture and speculation (see, Russell v Meat Farms, 160 AD2d 987; see also, Becker v Waldbaum, Inc., 221 AD2d 396; Moss v JNK Capital, 211 AD2d 769; Morales v Foodways, Inc., 186 AD2d 407). The Supreme Court therefore properly granted the defendant’s motion for summary judgment dismissing the complaint (see, Zuckerman v City of New York, 49 NY2d 557, 562). Mangano, P. J., Sullivan, Altman and Hart, JJ., concur.

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[411]*411The plaintiff Rhoda Ginsberg allegedly slipped and fell on string beans which were on the floor of a store owned by the defendant and sustained injuries as a result of her fall. The plaintiffs contend that there is sufficient evidence to establish that the defendant created the condition so as to preclude summary judgment. We disagree. The plaintiffs’ assertion that the string beans fell to the floor due to the way they were stacked by an employee of the defendant is based on conjecture and speculation (see, Russell v Meat Farms, 160 AD2d 987; see also, Becker v Waldbaum, Inc., 221 AD2d 396; Moss v JNK Capital, 211 AD2d 769; Morales v Foodways, Inc., 186 AD2d 407). The Supreme Court therefore properly granted the defendant’s motion for summary judgment dismissing the complaint (see, Zuckerman v City of New York, 49 NY2d 557, 562). Mangano, P. J., Sullivan, Altman and Hart, JJ., concur.

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Bluebook (online)

228 A.D.2d 410, 643 N.Y.2d 652, 643 N.Y.S.2d 652, 1996 N.Y. App. Div. LEXIS 6226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ginsberg-v-waldbaum-inc-nyappdiv-1996.

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