BORLEY v. UNITED STATES

No. 20-4293-CV August Term, 2021.

22 F.4th 75 (2021)

Carmen BORLEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 28, 2021.


Attorney(s) appearing for the Case

Joel L. Levine , Levine & Wiss, PLLC, West Hempstead, NY, for Plaintiff-Appellant.

Varuni Nelson , Diane C. Leonardo , Assistant United States Attorneys, for Mark J. Lesko , Acting United States Attorney for the Eastern District of New York, Brooklyn, NY, for Defendant-Appellee.

Before: Walker, Calabresi, and Lohier, Circuit Judges.


A shopper tripped over a metal rod at a military commissary store and sustained injuries. She sued the U.S. government, under the Federal Tort Claims Act, for the store's negligence. The district court found that under New York law (the governing substantive law in this case), no reasonable jury could have found the store...

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