Appellate Success on Behalf of Retail Client
By: Carter Conboy
Carter Conboy obtained a favorable decision from the Appellate Division, Third Department which affirmed the lower Court’s Decision and Order dismissing the plaintiffs’ Complaint in a slip and fall case against her client Store Owner.
In this personal injury action, the plaintiff alleged personal injuries including reflex sympathetic dystrophy (RSD) and complex regional pain syndrome (CRPS) of her right hand as a result of slipping and falling in the defendants’ grocery store. Carter Conboy successfully moved for summary judgment in Supreme Court, to have the action dismissed. Plaintiff appealed the lower court’s decision.
The Appellate Division, Third Department held that the defendants established their prima facie entitlement to judgment by demonstrating that they maintained the premises in a reasonably safe manner and neither created the dangerous condition nor had actual or constructive notice of such condition.