Legal Opinion
Kaplan v. Waldbaum's Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1996PublishedCited by 10 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 8, 1995, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In order for a plaintiff in a "slip and fall” case to establish a prima facie case of negligence, the plaintiff must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition (see, Bykofsky v Waldbaum’s…
2Cases cited5 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Weisenthal v. PickmanAppellate Division of the Supreme Court of the State of New York · 1989
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Padula v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Giacomontonio v. Inc. Village of Valley StreamAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by10 opinions
- Davidson v. Sachem Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Sanchez-Acevedo v. Mariott Health Care ServiceAppellate Division of the Supreme Court of the State of New York · 2000
- Cooper v. Pathmark Stores, Inc.District Court, E.D. New York · 1998
- Weber v. Sekapi, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Graubart v. Laro Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1997
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