finding constructive notice because "a lot of broken jars" of baby food were on the floor, witness in immediate vicinity did not hear any jars falling or breaking for 15-20 minutes before plaintiff's slip-and-fall accident, and aisle had not been inspected or cleaned for at least 50 minutes before accident
Summary of this case from Shimunov v. Home Depot U.S.A, Inc.Submitted April 8, 1985
Decided May 7, 1985
Motion to dismiss the appeal denied.
finding constructive notice because "a lot of broken jars" of baby food were on the floor, witness in immediate vicinity did not hear any jars falling or breaking for 15-20 minutes before plaintiff's slip-and-fall accident, and aisle had not been inspected or cleaned for at least 50 minutes before accident
Summary of this case from Shimunov v. Home Depot U.S.A, Inc.denying summary judgment where the plaintiff slipped on baby food that was "dirty and messy," and the aisle had not been cleaned or inspected for at least fifty minutes prior to the accident
Summary of this case from Lacey v. Target Corp.Full title:GEORGE V. WHALEN, Respondent, v. CONTRACTING PLUMBERS COOPERATIVE…
Court:Court of Appeals of the State of New York
Date published: May 7, 1985
As a general matter, the New York Court of Appeals has recognized that as a permissible inference, given the…
Wilson v. Phx. House & Sidney HargroveFurther, the law requires that the court assume the truth of the allegations in the complaint and review the…