In Eddy, summary judgment was granted dismissing the complaint, in a case where plaintiff had slipped on a deodorant bottle in the aisle of defendant's supermarket.Summary of this case from Gordon v. American Museum of Natural History
Decided May 3, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HENRY G. GOSSEL, J.
Peter A. Vinolus for appellant. Paul I. Perlman for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 91 A.D.2d 1203; see, also, Madrid v City of New York, 42 N.Y.2d 1039; and 1 N.Y. 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 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.