Legal Opinion
DeChirico v. Church of St. Clare
Appellate Division of the Supreme Court of the State of New York
Decided July 28, 1997PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Richmond County (Leone, J.), dated January 21, 1997, which denied their motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.
Ordered that the order is reversed on the law, with costs, the defendants’ motion is granted, and the complaint is dismissed.
It is well established that for a plaintiff in a slip and fall case to establish a prima facie case of negligence, the plaintiff must demonstrate that the defendant either created the allegedly dangerous…
2Cases cited6 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
- Kuchman v. Olympia & York, USA, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Lathan v. NCAS Realty Management Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Wolfson v. Nevele Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by3 opinions
- Fontana v. FortunoffAppellate Division of the Supreme Court of the State of New York · 1998
- Marasia v. Noyl Coram, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Golding v. Powell & Dempsey, Inc.Appellate Division of the Supreme Court of the State of New York · 1998