Legal Opinion

Curtis v. Dayton Beach Park No. 1 Corp.

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

Decided November 21, 2005PublishedCited by 21 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Levine, J.), dated *512November 15, 2004, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, 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…

2Cases cited12 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
  3. Negron v. St. Patrick's Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
  4. Joachim v. 1824 Church Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Yearwood v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

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

3Cited by21 opinions

  1. Schiano v. Mijul, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Braudy v. Best Buy Co.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Holub v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. DeFalco v. BJ's Wholesale Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Mentasi v. Eckerd DrugsAppellate Division of the Supreme Court of the State of New York · 2009

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

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