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Tjepkema v. Rochdale Meat Market

Stephen Tjepkema v. Rochdale Meat Market

Tjepkema v. Rochdale Meat Mkt., 238 A.D.2d 333 (1997)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
April 7, 1997
Citations
238 A.D.2d 333656 N.Y.S.2d 3031997 N.Y. App. Div. LEXIS 3428

Opinion of the Court

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—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated May 17, 1996, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.

The plaintiff, a professional water meter reader, allegedly injured his back while attempting to close a steel basement door after reading the water meter in the defendants’ basement. He claims that the defendants were negligent, inter alia, in failing to use a lighter door and in failing to provide a warning for those using the door. We disagree.

There is no evidence here that the door was a dangerous instrumentality and the defendants were not obligated to protect users who may use harmless things to cause themselves harm (see, Cuevas v 73rd & Cent. Park W. Corp., 26 AD2d 239, 240, 242 , affd 21 NY2d 745 ). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1998: 11999: 12000: 119982026peak 1998 · 1

Relies on it most ⓘ

  1. Lopes v. Sears, Roebuck & Co.273 A.D.2d 360 (2000)
  2. Wisloh v. Air-A-Plane Corp.251 A.D.2d 657 (1998)
  3. Carter v. New York City Housing Authority260 A.D.2d 528 (1999)

Most recent

  1. Lopes v. Sears, Roebuck & Co.273 A.D.2d 360 (2000)
  2. Carter v. New York City Housing Authority260 A.D.2d 528 (1999)
  3. Wisloh v. Air-A-Plane Corp.251 A.D.2d 657 (1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Cuevas v. 73rd & Cent. Park West Corp., 234 N.E.2d 843 (N.Y. 1968) 5
Cuevas v. 73rd & Cent. Park West Corp., 26 A.D.2d 239 (1966) 5

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