New York Court of Appeals

Elmer Eddy, Appellants v. Tops Friendly Markets, Respondents

May 3, 198359 N.Y.2d 692

Summary

The New York Court of Appeals affirmed the Appellate Division's order in the slip‑and‑fall action involving a self‑service supermarket. The Court declined to consider the appellant's newly raised argument that notice is not an element of such an action. The decision was entered pursuant to rule 500.2(b) of the Rules of the Court of Appeals.