Legal Opinion
Vasta v. Home Depot
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2006PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Harkavy, J), dated November 24, 2004, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant’s motion for summary judgment. In order for the defendant to establish its prima facie entitlement to judgment as a matter of law, it needed to submit evidence that it neither created the condition which allegedly caused the plaintiff to slip and fall, nor had actual…
2Cases cited5 opinions
- Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
- Knee v. Trump Village Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Karalic v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Cody v. DiLorenzoAppellate Division of the Supreme Court of the State of New York · 2003
- Bosman v. Reckson FS Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by4 opinions
- Meyers v. Big Six Towers, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Petrocelli v. Marrelli Development Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Dugan v. Crown Broadway, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Liquore v. Tri-Arc Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 2006