GOLDFISCHER v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.


63 A.D.3d 575 (2009)

880 N.Y.S.2d 485

BARBARA GOLDFISCHER et al., Appellants, v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2009.


In opposition to defendants' prima facie showing that plaintiff failed to identify the cause of her fall, plaintiff failed to raise a triable issue of fact. Unaware of what caused her fall, she merely surmised that it was caused by the bump in the rubber floor mat that she observed for the first time after she fell. Coplaintiff husband testified that he did not observe what seemed to be a crease in the mat until after his wife fell, and could not identify where the crease...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases