Legal Opinion

Valdez v. Aramark Services, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 2005PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated February 18, 2005, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Britto v Great Atl. &…

2Cases cited6 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Joachim v. 1824 Church Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Britto v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Dalton v. Educational Testing ServiceAppellate Division of the Supreme Court of the State of New York · 2002
  5. Fox v. Kamal Corp.Appellate Division of the Supreme Court of the State of New York · 2000

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3Cited by6 opinions

  1. McPhaul v. Mutual of America Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
  2. Flynn v. Fedcap Rehabilitation Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. McArthur v. MuhammadAppellate Division of the Supreme Court of the State of New York · 2006
  4. Gerbi v. Tri-Mac Enterprises of Stony Brook, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Fasano v. St. Bernard ChurchAppellate Division of the Supreme Court of the State of New York · 2019

1 more not listed; retrieve them via the Exa API.

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