Dominitz v. Food Emporium, Inc.
Cases that cite this one
8 later published cases cite this decision.
- Puma v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2008)
- Hirasawa v. City of Long Beach (Appellate Division of the Supreme Court of New York 2008)
- Perrington v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2007)
- Schindler v. Filene's Basement, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Simmons v. Sam's East, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Gibbons v. Lido (Appellate Division of the Supreme Court of New York 2002)
- Gibbons v. Lido (Appellate Division of the Supreme Court of New York 2002)
- Tresgallo v. Danica, L. L. C. (Appellate Division of the Supreme Court of New York 2001)
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, etc., the defendants The Food Emporium, Inc., and Brook-Vale Equities, Inc., appeal from an order of the Supreme Court, Westchester County (Colabella, J.), entered September 8, 1999, which denied their 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.
On November 1, 1996, the plaintiff Regina Dominitz (hereinafter the injured plaintiff) tripped on the concrete curb of an island in a parking lot owned by the defendant Brook-Vale Equities, Inc., and leased by the defendant The Food Emporium, Inc. Although it was night, the flood lights in the parking lot were on, and the injured plaintiff subsequently testified at an examination before trial that she could see where she was going.
Since the record establishes that the curb upon which the injured plaintiff tripped and fell was readily observable by the reasonable use of one’s senses, the defendants established their entitlement to summary judgment dismissing the complaint (see, Campanaro v Arizona Lipnob Estates, 259 AD2d 581; Moran v County of Dutchess, 237 AD2d 266). In opposition, the plaintiffs failed to raise a triable issue of fact. Santucci, J. P., Altman, Friedmann and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.