LOPER v. STOP & SHOP SUPERMARKET CO., LLC

2020-08937, Index No. 623927/17.

206 A.D.3d 641 (2022)

169 N.Y.S.3d 124

2022 NY Slip Op 03506

Susan Loper, Appellant, v. Stop & Shop Supermarket Company, LLC, Respondent.

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

Decided June 1, 2022.


Attorney(s) appearing for the Case

Siben & Siben LLP, Bay Shore, NY ( Alan G. Faber of counsel), for appellant.

Mintzer Sarowitz Zeris Ledva & Meyers, LLP, New York, NY ( Allen Kohn of counsel), for respondent.

Connolly, J.P., Christopher, Ford and Dowling, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell on a plastic container of mums on the exterior grounds of the defendant's supermarket in Riverhead. The plaintiff commenced this action against the defendant to recover damages for the personal injuries she allegedly sustained, surmising that wind must have blown the potted flowers from its display location and into her path. The defendant moved for summary judgment dismissing...

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