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Wisznic v. Nostrand Shoppers, Inc.

Citations: 215 A.D.2d 553; 626 N.Y.S.2d 837; 1995 N.Y. App. Div. LEXIS 5164

Court: Appellate Division of the Supreme Court of the State of New York; May 15, 1995; New York; State Appellate Court

Narrative Opinion Summary

In a personal injury lawsuit, Town Gown Shop, Inc. appeals a Supreme Court order from September 29, 1993, which granted Nostrand Shoppers, Inc. summary judgment, dismissing all cross claims against it. The appellate court affirms the decision, awarding costs to Nostrand Shoppers. The case stems from an incident where plaintiff Bernard Wisznic fell into an opening leading to a basement storage area, which was typically covered by a trap door. The court found no evidence of negligence or defective conditions related to the trap door's construction, maintenance, or repair, nor any violation of the New York City Administrative Code. The trap door was deemed safe when closed, and liability could not be imposed on Nostrand Shoppers for failing to implement additional safety measures to prevent such injuries. The ruling was supported by precedents cited in the decision.

Legal Issues Addressed

Liability for Failure to Implement Additional Safety Measures

Application: Liability could not be imposed on Nostrand Shoppers for not implementing additional safety measures as the trap door was deemed safe when closed.

Reasoning: The trap door was deemed safe when closed, and liability could not be imposed on Nostrand Shoppers for failing to implement additional safety measures to prevent such injuries.

Negligence and Safety Measures in Premises Liability

Application: The court found no evidence of negligence or defective conditions related to the trap door's construction, maintenance, or repair.

Reasoning: The court found no evidence of negligence or defective conditions related to the trap door's construction, maintenance, or repair, nor any violation of the New York City Administrative Code.

Summary Judgment in Personal Injury Cases

Application: The court granted summary judgment dismissing all cross claims against Nostrand Shoppers, Inc. due to a lack of evidence of negligence.

Reasoning: The appellate court affirms the decision, awarding costs to Nostrand Shoppers.