Sewer v. Fat Albert's Warehouse, Inc.
Cases that cite this one
12 later published cases cite this decision.
- Perez v. Dolgen Corp. of New York, Inc. (District Court, S.D. New York 2024)
- Hernandes v. National Wholesale Liquidators (Appellate Division of the Supreme Court of New York 2019)
- Terranova v. Staten Island University Hospital (Appellate Division of the Supreme Court of New York 2008)
- Morgan v. TJX Companies, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Belogolovkin v. 1100-1114 Kings Highway LLC (Appellate Division of the Supreme Court of New York 2006)
- Chiranky v. Marshalls, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Beck v. Powerhouse Gym Merrick Road, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Lamia v. Federated Department Stores, Inc. (Appellate Division of the Supreme Court of New York 1999)
- Weiner v. Saks Fifth Avenue (Appellate Division of the Supreme Court of New York 1999)
- Thomas v. Price-Mart Inc. (Appellate Division of the Supreme Court of New York 1999)
- Reuscher v. Pergament Home Centers, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Scheddin v. Stein (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated December 15, 1995, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff was injured when, while making her way through a narrow pathway formed by crowded racks of winter jackets at the defendant’s store, she stepped on a wire shopping basket which was beneath the racks. The plaintiff, however, offered no evidence that the defendant placed the wire basket there or that it had actual or constructive notice of its presence under the racks (see, Gordon v American Museum of Natural History, 67 NY2d 836; Gordon v Waldbaum, Inc., 231 AD2d 673; cf., Quinn v K-Mart Corp., 224 AD2d 998). Nor does the defendant have a duty to warn against a condition which is readily observable, such as the narrowness of a pathway created by clothing racks (see, e.g, Binensztok v Marshall Stores, 228 AD2d 534). Because the plaintiff has failed to raise a triable issue of fact, the defendant is entitled to summary judgment.
The plaintiff’s remaining contentions are without merit. Bracken, J. P., Copertino, Thompson and Pizzuto, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.