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MURPHY v. CONNER

84 N.Y.2d 969 (1994)

646 N.E.2d 796

622 N.Y.S.2d 494

Stephanie Murphy et al., Appellants, v. A.J. Conner et al., Defendants, and Newman & Doll et al., Respondents. Stephanie Murphy et al., Appellants, v. City of Elmira, Respondent.

Court of Appeals of the State of New York.

Decided December 13, 1994.

Attorney(s) appearing for the Case

Learned, Reilly & Learned, Elmira (Scott J. Learned of counsel), for appellants.

MacKenzie Smith Lewis Michell & Hughes, Syracuse (Barney F. Bilello of counsel), for Newman & Doll and others, respondents.

Davidson & O'Mara, P. C., Elmira (Thomas F. O'Mara and Ransom P. Reynolds, Jr., of counsel), for City of Elmira, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

In each case, the order of the Appellate Division should be affirmed, with costs.

These actions were commenced in April 1990, by Stephanie and Lyndon Murphy, to recover damages for personal injuries sustained on June 15, 1987 by plaintiff Stephanie Murphy when she slipped and fell on the floor of Eastowne Mall, owned by defendant City of Elmira, and, at the time of plaintiff's incident, operated and maintained...

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