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Winker v. Buffalo Paperboard, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 858 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.

PRESENT: HAYES, J.P., HURLBUTT, SCUDDER, KEHOE AND LAWTON, JJ.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. There are triable issues of fact whether defendants breached their duty to keep their premises "in a reasonably safe condition, considering all of the circumstances including the purpose of the [plaintiff's] presence and the likelihood of injury" ( Macey v. Truman, 70 N.Y.2d 918, 919, mot to amend remittitur granted 71 N.Y.2d 949; see, Basso v. Miller, 40 N.Y.2d 233, 240-241; see also, Baker v Sportservice Corp., 142 A.D.2d 991, 992).


Summaries of

Winker v. Buffalo Paperboard, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 858 (N.Y. App. Div. 2000)
Case details for

Winker v. Buffalo Paperboard, Inc.

Case Details

Full title:MARK D. WINKER AND LISA A. WINKER, PLAINTIFFS-RESPONDENTS, v. BUFFALO…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 858 (N.Y. App. Div. 2000)
718 N.Y.S.2d 690