Legal Opinion

Vazquez v. Genovese Drug Stores, Inc.

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

Decided October 6, 2011PublishedCited by 2 opinions

1Opinion of the Court

Plaintiffs allege that Ana Maria Vazquez was injured when she tripped and fell over a raised portion of a rug in the entranceway of defendant’s drugstore. At her deposition, she testified that everything looked “normal,” and that she did not see the raised portion until she looked at the rug after her fall.

On summary judgment, defendant demonstrated prima facie entitlement to judgment as a matter of law by showing that it neither created nor had actual notice of any hazardous condition concerning the rug or its placement or that the alleged *468defect had been visible and apparent for sufficient…

2Cases cited2 opinions

  1. Wellington v. Manmall, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  2. Kwitny v. Westchester Towers Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2008

3Cited by2 opinions

  1. Caban v. Bronx Park South II AssociatesAppellate Division of the Supreme Court of the State of New York · 2016
  2. Reeves v. 1700 First Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2016

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