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Essay / Research Paper Abstract
A 13 page paper examining the likelihood of success should an individual, Tom Hansen, pursue a lawsuit against Apex Supermarket after slipping on a wet spot in the floor and suffering injuries that required surgery. The paper concludes that Mr. Hansen cannot offer proof of the store manager's statement of knowledge of the spill, and he cannot demonstrate that the spill had been on the floor for any significant length of time. It is likely that Apex Supermarket would request and receive summary judgment. The paper refers to three New York Supreme Court cases, but no sources are listed.
Page Count:
13 pages (~225 words per page)
File: CC6_KSlawHansFall2.rtf
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Unformatted sample text from the term paper:
of the reasons in the rule stated in Kraemer v. K-Mart Corp., 226 A.D.2d 590, 641 N.Y.S.2d 130. 2 2. Applicable Rule 2 3. Prove and explain this rule through citation to authority, description
of how the authority stands for the rule, discussion of subsidiary rules, analyses of policy and counter-analyses. (This is rule proof and explanation) 2 3a. Citation to Authority 2 3b. How the Authority Stands
for the Rule 3 3c. Subsidiary Rules 3 3d. Policy Analysis and Counter-Analysis 4 4. Apply this rules elements to the facts with the aid of subsidiary rules, supporting authority, policy considerations, and counter-analyses. (This is
rule application.) 7 4a. Mr. Hansen must be able to show that "the defendant created the condition which caused the accident" (Kraemer v. K-Mart Corp., 226 A.D.2d 590, 641 N.Y.S.2d 130). 7 4b. Mr.
Hansen must be able to show "that the defendant had actual or constructive notice of the condition" (Kraemer v. K-Mart Corp., 226 A.D.2d 590, 641 N.Y.S.2d 130). 8 5. Summary 8 5a. Mr. Hansen
must be able to show that "the defendant created the condition which caused the accident" (Kraemer v. K-Mart Corp., 226 A.D.2d 590, 641 N.Y.S.2d 130). 8 5b. Mr. Hansen must be able
to show "that the defendant had actual or constructive notice of the condition" (Kraemer v. K-Mart Corp., 226 A.D.2d 590, 641 N.Y.S.2d 130). 9 5c. Hearsay Rule 9 5d. Conclusion 9 Part II 11 1. The Issue 11
2. Brief Summary 11 3. Facts of the Case 12 4. Conclusion 13 Part I 1. Mr. Hansen will not overcome a summary judgment motion because of the reasons in the rule stated in Kraemer v. K-Mart
Corp., 226 A.D.2d 590, 641 N.Y.S.2d 130. Based on the experiences of other plaintiffs in similar situations, it is more likely that were
Mr. Hansen to attempt to gain a jury trial of the matter, Apex Supermarket would seek summary judgment and quite likely would be successful in its efforts to have the
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