MILKIE v. TOPS MKTS., INC.


207 A.D.2d 1010 (1994)

617 N.Y.S.2d 694

Michele Milkie, Appellant, v. Tops Markets, Inc., et al., Respondents

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

September 30, 1994


Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Because the record, when viewed most favorably to plaintiff, establishes that defendant Tops Markets, Inc. (Tops) had notice of the likelihood of criminal conduct by third parties that would endanger the safety of its patrons, Supreme Court erred in granting its motion for summary judgment (see, Waters v New York City Hous. Auth.

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