Legal Opinion

Joseph v. County of Putnam

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 1999Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated September 28, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

It is well settled that in order “ ‘[t]o prove a prima facie case of negligence in a slip and fall case, a plaintiff is required to show that the defendant created the condition which caused the accident or that the defendant had actual or constructive notice of the condition’ ” (Goldman v Waldbaum,…

2Cases cited3 opinions

  1. Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Bradish v. Tank Tech Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Hartz Mountain Corp. v. Allou Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

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