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Lower Court Grants Summary Judgment for the Defendant, Plaintiff Appeals


Ruth Legon is the plaintiff and appellant in this particular case. The defendant and respondent in the case is Petaks. The First Department, Appellate Division of the Supreme Court of the State of New York is hearing this particular case.

Case Discussion and Decision

The plaintiff and appellant, Ruth Legon is appealing an order that was made in the Supreme Court of New York County that granted a summary judgment in favor of the defendant and dismissed her complaint.

The plaintiff sustained injuries when she was looking at a food display counter and her foot became caught in a space located between the floor and a metal stand that was holding wire shopping baskets. The stand was elevated several inches off of the floor. This space caused her to trip and fall.

The plaintiff testified in the case that she noticed the stack of shopping baskets by the counter, but did not see the stand that the rested on.

Under the current circumstances it is impossible to determine if the basket stand that was covered and concealed by the shopping baskets was an inherently dangerous condition or an observable hazard.

As to the original judgment that dismissed her complaint, this court finds that the defendant failed to establish prima facie for an entitlement to a summary judgment in the case as a matter of law. For this reason, the appeal is granted in favor of the plaintiff. The complaint is reinstated, the motion for summary judgment is denied, and the original order is fully reversed on the law without costs.

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