Pollio v. Nelson Cleaning Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendánt appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 27, 1999, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
“It is well settled that in order ‘[t]o prove a prima facie case of negligence in a slip and fall case, a plaintiff is required to show that the defendant created the condition which caused the accident or that the defendant had actual or…
2Cases cited4 opinions
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Bradish v. Tank Tech Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Colt v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Hartz Mountain Corp. v. Allou Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Atkinson v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Frank v. Time Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Petrell v. Victory Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Pugni v. 17 Battery Park Place North Associates IIAppellate Division of the Supreme Court of the State of New York · 2000
- Yanega v. National Amusements, Inc.Appellate Division of the Supreme Court of the State of New York · 2001