PERRY v. CUMBERLAND FARMS, INC.

507012

68 A.D.3d 1409 (2009)

2009 NY Slip Op 9352

891 N.Y.S.2d 498

JOSEPH PERRY, Appellant, v. CUMBERLAND FARMS, INC., Respondent.

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

Decided December 17, 2009.


Rose, J.P.

Plaintiff commenced this action seeking to recover for injuries he allegedly sustained when, while walking across defendant's parking lot, he fell after his feet became entangled in a plastic band used to bundle newspapers. Defendant moved for summary judgment dismissing the complaint on the ground that it had no actual or constructive notice of the allegedly dangerous condition that caused plaintiff's injuries. Supreme Court granted the motion, prompting...

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