Britto v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Johnson, J.), dated March 8, 2005, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see…
2Cases cited11 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Joachim v. 1824 Church Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Maiorano v. Price Chopper Operating Company, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Stumacher v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
- Amendola v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Johnson v. Culinary Institute of AmericaAppellate Division of the Supreme Court of the State of New York · 2012
- Yioves v. T.J. Maxx, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Curtis v. Dayton Beach Park No. 1 Corp.Appellate Division of the Supreme Court of the State of New York · 2005
33 more not listed; retrieve them via the Exa API.