Valentin v. Shoprite
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 plaintiff appeals from an order of the Supreme Court, Orange County (Bartlett, J.), dated August 8, 2011, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In a slip-and-fall case, a defendant moving for summary judgment has the burden of demonstrating, prima facie, that it did not create the allegedly hazardous condition or have actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Gordon v American…
2Cases cited11 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
- Negron v. St. Patrick's Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
- 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
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- Monaco v. RussilloAppellate Division of the Supreme Court of the State of New York · 2021
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