Legal Opinion
Fishman v. Westminster House Owners, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 2005PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered August 12, 2004, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Although plaintiffs pleadings allege that he slipped and fell on a wet ramp leading to the parking garage, his deposition testimony that he does not recollect any slippery or wet conditions on the ramp as he walked down it to get his car, and that he simply does not know what caused him to slip and fall, prima facie establishes defendants’ entitlement to judgment as a matter of law (see…
2Cases cited4 opinions
- Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
- Kane v. Estia Greek Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Burnstein v. Mandalay CaterersAppellate Division of the Supreme Court of the State of New York · 2003
- Affenito v. PJC 90th Street LLCAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by4 opinions
- Siegel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Rudner v. New York Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2007
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Glueck v. Starbucks Corp.Appellate Division of the Supreme Court of the State of New York · 2019