Thorn v. Wilmorite, Inc.
Cases that cite this one
1 later published case cites this decision.
- Gonzalez v. Padin (Appellate Division of the Supreme Court of New York 2002)
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
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of third-party defendant, K-Mart Corporation (K-Mart), for summary judgment dismissing the third-party complaint. There are triable issues of fact concerning whether the stacking of the tables constituted a dangerous condition (see, Hanley v Affronti, 278 AD2d 868; Vanderwater v Sears, 277 AD2d 1056), whether the accident occurred on premises owned, occupied, controlled or specially used by K-Mart (see, Siracuse v Race Off. Equip. Co., 278 AD2d 894; Brown v Congel, 241 AD2d 880, 881), and whether K-Mart affirmatively created the allegedly dangerous condition or had actual or constructive notice of it (see, Whyte v Whyte, 259 AD2d 1009, 1009-1010; Tenebruso v Toys “R” Us — NYTEX, 256 AD2d 1236, 1237; DiFusco v Wal-Mart Discount Cities, 255 AD2d 937, 937-938). (Appeal from Order of Supreme Court, Onondaga County, Major, J.— Summary Judgment.) Present — Green, J. P., Wisner, Hurlbutt and Burns, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.