Antinoro v. Tops Markets, Inc.

Full title: KENNETH A. ANTINORO et al., Respondents, v. TOPS MARKETS, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 16, 1993

195 A.D.2d 972 (N.Y. App. Div. 1993)

602 N.Y.S.2d 567

Opinion

July 16, 1993

Appeal from the Supreme Court, Cayuga County, Corning, J.

Present — Callahan, J.P., Green, Pine, and Fallon, Davis, JJ.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant's motion for summary judgment. There are triable issues of fact whether defendant breached its duty to keep its premises "in a reasonably safe condition, considering all of the circumstances including the purpose of the person's presence and the likelihood of injury" (Macey v Truman, 70 N.Y.2d 918, 919; see also, Basso v. Miller, 40 N.Y.2d 233, 240-241; Baker v. Sportservice Corp., 142 A.D.2d 991, 992).