A New York appellate court has ruled in favor of Stop & Shop Supermarket Company, LLC, and Coca-Cola Refreshments USA, Inc. in a personal injury case. The decision, made on September 16, 2026, affects how similar injury claims may be handled in the future. The ruling comes from the Appellate Division of the Supreme Court of the State of New York, under docket number 2023-11080.
The case involved Salah F. Abdelrahman, who claimed he suffered injuries after bottles fell from a display while he was retrieving a soda at a Stop & Shop location. The court's decision emphasizes the importance of proving a dangerous condition existed in such cases.
Background
The parties in this case include the appellant, Salah F. Abdelrahman, and the respondents, Stop & Shop Supermarket Company, LLC, Cross Path Realty, and Coca-Cola Refreshments USA, Inc. Abdelrahman filed a lawsuit seeking damages for personal injuries he alleged he sustained due to a supermarket accident.
According to the court documents, the incident occurred when Abdelrahman was attempting to retrieve a bottle of soda from a display created by Coca-Cola. He claimed that other bottles fell from the display and struck him, leading to his injuries. The case was brought before the Supreme Court of Kings County, where the defendants filed motions for summary judgment to dismiss the complaint against them.
The Ruling
The court ruled in favor of the defendants, granting their motions for summary judgment. The judges involved in the ruling were Lara J. Genovesi, Barry E. Warhit, Donna-Marie E. Golia, and Phillip Hom. The court found that the defendants had established their entitlement to judgment as a matter of law.
The opinion stated, "the defendants established their prima facie entitlement to judgment as a matter of law dismissing the amended complaint insofar as asserted against each of them by demonstrating that no dangerous condition existed." The court also noted that Abdelrahman failed to raise a triable issue of fact in opposition to the motions.
Impact
This ruling has significant implications for future personal injury claims in New York, particularly those involving accidents in retail environments. The court's decision reinforces the requirement for plaintiffs to demonstrate that a dangerous condition existed at the time of the accident. Without this proof, claims may be dismissed at the summary judgment stage.
The ruling may also affect how businesses approach safety and liability in their stores. Retailers may feel reassured in their defense against similar claims if they can show that no dangerous conditions were present. This could lead to fewer successful personal injury lawsuits against supermarkets and other retailers.
What's Next
Details were not available in the court filing regarding whether Abdelrahman plans to appeal this decision. There is no indication of any related cases pending at this time.






