Legal Opinion
Dane v. Taco Bell Corp.
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 2002PublishedCited by 5 opinions
1Opinion of the Court
The injured plaintiff allegedly sustained injuries when he slipped and fell on water and ice in the defendant’s restaurant. On its motion for summary judgment dismissing the complaint, the defendant made a prima facie showing that it neither created the alleged slippery condition nor had actual or constructive notice of it as a matter of law (see Dwoskin v Burger King Corp., 249 AD2d 358; Bradish v Tank Tech Corp., 216 AD2d 505; Gaeta v City of New York, 213 AD2d 509).
The burden thus shifted to the plaintiffs to come forward *275with evidence to show the existence of a triable issue of fact.…
2Cases cited8 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Weisenthal v. PickmanAppellate Division of the Supreme Court of the State of New York · 1989
- Bradish v. Tank Tech Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Dwoskin v. Burger King Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Gaeta v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Murphy v. 136 Northern Boulevard AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Hartley v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Dawkins v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2003
- Rodriguez v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003
- Ganda v. CardinaleAppellate Division of the Supreme Court of the State of New York · 2005