Rivera v. 2300 X-tra Wholesalers, Inc.
Lilliam Rivera v. 2300 X-tra Wholesalers, Inc., Doing Business as Ultra Food Club, Also Known as King Randall Supermarket
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 23, 1997, which, in an action for personal injuries allegedly sustained in a trip and fall over a metal plate affixed to a supermarket floor, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
While plaintiff does not challenge the fact that the metal plate over which she allegedly tripped was no more than one-half inch higher than the floor, "[t]here is no rule that a hole in a public thoroughfare must under all circumstances be of a particular depth before its existence can give rise to a legal liability” (Wilson v Jaybro Realty & Dev. Co., 289 NY 410, 412 ). Upon the present record, we cannot say as a matter of law that this projection had "none of the characteristics of a trap or a snare” (Morales v Riverbay Corp., 226 AD2d 271 ). Concur— Rosenberger, J. P., Nardelli, Rubin and Williams, JJ.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 7 cases
View all citing references →Relies on it most ⓘ
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.