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Retail Team Victory - Dismissal Affirmed on Appeal


RMKB is please to announce that in January of 2018, the NY State Supreme Court, Appellate Division, 2nd Department affirmed the trial court's dismissal of all claims against our client, a regional supermarket sued for negligence by a patron who tripped over a shopping basket while checking out. After determining that the defendant established that it neither created nor had notice of the allegedly dangerous condition blamed for plaintiff's accident and that the plaintiff failed to raise a triable issue of fact in opposition, the appellate court affirmed the decision granting summary judgment in favor of the supermarket.