COTTONE v. C & C SPIRITS, INC.


306 A.D.2d 370 (2003)

761 N.Y.S.2d 674

JIMMY A. COTTONE et al., Appellants, v. C & C SPIRITS, INC., Doing Business as ROCKBOTTOM LIQUORS, Respondent.

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

Decided June 16, 2003.


Ordered that the order is affirmed, with costs.

The injured plaintiff tripped and fell while attempting to step over a case of wine which was located on the storeroom floor of the defendant's premises. The injured plaintiff acknowledged that he saw the case of wine on the floor before his accident.

While landowners have a duty to prevent the occurrence of foreseeable injuries on their premises, they are not obligated to warn against a condition that could...

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