Totten v. Cumberland Farms, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*654The injured plaintiff allegedly slipped and fell on ice on the parking lot ground of the defendant’s premises as she exited her parked vehicle. The icy condition was about two feet in diameter and one inch thick. As a result, the injured plaintiff and her husband, derivatively, commenced this action against the defendant. The defendant moved for summary judgment, contending that it neither created the alleged icy condition nor had actual or constructive notice of it. The Supreme Court granted the motion. We reverse.
A defendant who moves for summary judgment in a slip-and-fall case has the…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
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- Picart v. Brookhaven Country Day SchoolAppellate Division of the Supreme Court of the State of New York · 2007
- Cox v. Huntington Quadrangle No. 1 Co.Appellate Division of the Supreme Court of the State of New York · 2006
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- Baines v. G&D Ventures, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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