Legal Opinion
Koser v. Supermarkets General Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 3, 1997PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries the defendants appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated February 14, 1997, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In a “slip-and-fall” case it is incumbent upon the plaintiff to *321come forward with evidence showing that the defendants had either created the allegedly dangerous condition or had actual or constructive notice of the condition (see, Gordon v…
2Cases cited9 opinions
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Kaufman v. Man-Dell Food Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Bernard v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Rotunno v. PathmarkAppellate Division of the Supreme Court of the State of New York · 1995
- Cuddy v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Quarles v. Columbia Sussex Corp.District Court, E.D. New York · 1998
- Rowe v. Wal-Mart Stores, Inc.District Court, W.D. New York · 1998
- Myers v. Waldbaum's, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Nasca v. Wal-Mart Stores, Inc.District Court, W.D. New York · 1998
- Constance v. Food EmporiumAppellate Division of the Supreme Court of the State of New York · 2001