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Banks v. Doe

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 83 (N.Y. App. Div. 1998)

Opinion

June 9, 1998

Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).


Defendants motion for summary judgment was properly denied in light of triable issues as to whether defendant knew or should have known that water tracked into its store by pedestrians in periods of inclement weather tended to form hazardous puddles on the stores floor, and as to whether, if defendant had adequate notice of the alleged hazard, it took reasonable precautions to minimize it by the use of cardboard matting near the cashiers station where plaintiff fell. Such matting had been utilized elsewhere at the store ( see, Padula v. Big V Supermarkets, 173 A.D.2d 1094).

Concur — Sullivan, J. P., Rosenberger, Wallach and Andrias, JJ.


Summaries of

Banks v. Doe

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 83 (N.Y. App. Div. 1998)
Case details for

Banks v. Doe

Case Details

Full title:JEFFREY BANKS, Respondent, v. JOHN DOE, Doing Business as LEES GOURMET…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 9, 1998

Citations

251 A.D.2d 83 (N.Y. App. Div. 1998)
672 N.Y.S.2d 727

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