ANTINORO v. TOPS MKTS., INC.


195 A.D.2d 972 (1993)

602 N.Y.S.2d 567

Kenneth A. Antinoro et al., Respondents, v. Tops Markets, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 16, 1993


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment. There are triable issues of fact whether defendant breached its duty to keep its premises "in a reasonably safe condition, considering all of the circumstances including the purpose of the person's presence and the likelihood of injury" (Macey v Truman, 70 N.Y.2d 918, 919; see also, Basso...

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