Legal Opinion
Pepe v. SBCL, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 6, 2014No. 2013-05732Published
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), entered March 15, 2013, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In support of its motion for summary judgment, the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not have actual or constructive notice of the defective condition alleged (see Mauge v Barrow St. Ale House, 70 AD3d 1016, 1017 [2010];…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Perlongo v. Park City 3 & 4 Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Mauge v. Barrow Street Ale HouseAppellate Division of the Supreme Court of the State of New York · 2010
- Warren v. Walmart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Sinclair v. ChauAppellate Division of the Supreme Court of the State of New York · 2014