LEAVY v. KEY FOOD STORES CO-OPERATIVE, INC.

21607/16E. Appeal No. 12401. Case No. 2019-4703.

188 A.D.3d 532 (2020)

132 N.Y.S.3d 624

2020 NY Slip Op 06713

Richard Leavy, as Administrator of the Estate of Joseph Leavy, Deceased, Respondent, v. Key Food Stores Co-Operative, Inc., et al., Appellants.

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

Decided November 17, 2020.


Decedent testified that he tripped and fell as a result of a protruding platform at the base of a product display in the aisle of defendants' supermarket.

The court correctly concluded that defendants failed to demonstrate as a matter of law that they did not cause, create, or have actual or constructive notice of the hazardous condition that caused decedent's accident. The store manager testified that store employees erected product displays in the store aisles....

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