Winker v. Buffalo Paperboard, Inc.

Appellate Division of the Supreme Court of New York

Winker v. Buffalo Paperboard, Inc.

278 A.D.2d 858, 718 N.Y.S.2d 690, 2000 N.Y. App. Div. LEXIS 13463

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

DecidedDecember 27, 2000

StatusPublished

This text of 278 A.D.2d 858 (Winker v. Buffalo Paperboard, 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

Winker v. Buffalo Paperboard, Inc., 278 A.D.2d 858, 718 N.Y.S.2d 690, 2000 N.Y. App. Div. LEXIS 13463 (N.Y. Ct. App. 2000).

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Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. There are triable issues of fact whether defendants breached their duty to keep their premises “in a reasonably safe condition, considering all of the circumstances including the purpose of the [plaintiff’s] presence and the likelihood of injury” (Macey v Truman, 70 NY2d 918, 919, mot to amend remittitur granted 71 NY2d 949; see, Basso v Miller, 40 NY2d 233, 240-241; see also, Baker v Sportservice Corp., 142 AD2d 991, 992). (Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.) Present — Hayes, J. P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. There are triable issues of fact whether defendants breached their duty to keep their premises “in a reasonably safe condition, considering all of the circumstances including the purpose of the [plaintiff’s] presence and the likelihood of injury” (Macey v Truman, 70 NY2d 918, 919, mot to amend remittitur granted 71 NY2d 949; see, Basso v Miller, 40 NY2d 233, 240-241; see also, Baker v Sportservice Corp., 142 AD2d 991, 992). (Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.) Present — Hayes, J. P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.

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Bluebook (online)

278 A.D.2d 858, 718 N.Y.S.2d 690, 2000 N.Y. App. Div. LEXIS 13463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winker-v-buffalo-paperboard-inc-nyappdiv-2000.

Opinion

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