Legal Opinion
Ames v. Waldbaum, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 2006PublishedCited by 9 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated September 6, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.
By offering no evidence to establish when the area in which the plaintiff allegedly was injured was last inspected or cleaned on the day in question, the defendant failed to establish its prima facie entitlement…
2Cases cited4 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Britto v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Yioves v. T.J. Maxx, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Feldmus v. Ryan Food Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by9 opinions
- Goodyear v. Putnam/Northern Westchester Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2011
- Gregg v. Key Food SupermarketAppellate Division of the Supreme Court of the State of New York · 2008
- McPhaul v. Mutual of America Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- Santos v. 786 Flatbush Food Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Pastore v. Western Beef, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
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