Linett v. Budget Rent-A-Car, 296 A.D.2d 302 (N.Y. App. Div. 2002). · Go Syfert
Linett v. Budget Rent-A-Car, 296 A.D.2d 302 (N.Y. App. Div. 2002). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 5 distinct courts.
Strongest positive: Charles v. Suvannavejh (nysupct, 2009-11-17)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) Charles v. Suvannavejh
N.Y. Sup. Ct. · 2009 · confidence medium
(Two Queens v Scoza, 296 AD2d 302, 303 [1st Dept 2002]; Gold v 29-15 Queens Plaza Realty, LLC, 43 AD3d 866, 867 [2d Dept 2007]; West Park Assoc., Inc. v Cohen, 43 AD3d 818, 819 [2d Dept 2007]; Auguston v Spry, 282 AD2d 489, 491 [2d Dept 2001]; see CPLR 3013; Hicksville Dry Cleaners, Inc. v Stanley Fastening Sys., L.P., 37 AD3d 218 [1st Dept 2007]; Seven Seventeen Corp. v JP Morgan Chase & Co., 32 AD3d 802 [1st Dept 2006]; New Dimension Solutions, Inc. v Spearhead Sys.
discussed Cited as authority (rule) Daniel Sherwood v. Microsoft
Tenn. Ct. App. · 2001 · confidence medium
Tenn. 1995); Two Queens, Inc. v. Scoza, 296 A.D.2d 302, 304 (N.Y.
Florence Linett
v.
Budget Rent-A-Car
Appellate Division of the Supreme Court of the State of New York.
Jul 2, 2002.
296 A.D.2d 302
Cited by 1 opinion  |  Published

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered May 24, 2001, which, in an action for personal injuries sustained when plaintiff tripped over the base of a chair on defendant’s premises, granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff claims that the chair in question, which was in a waiting area facing the counter where defendant serviced its customers, had a metal or steel base support that protruded about four to six inches beyond the front edge of the chair’s two seats and was not flush with the floor, and in which her shoe got caught as she got up out of the chair. The evidence, including the testimony of defendant’s manager that defendant placed the chair in its office, raises an issue of fact as to whether defendant created a dangerous or defective condition on its premises (compare, Guerrieri v Summa, 193 AD2d 647). Concur — Williams, P.J., Andrias, Lerner, Rubin and Friedman, JJ.