Rallo v. ManDell Food Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Galasso, J.), dated September 18, 2013, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
“A defendant moving 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 existence for a sufficient length of time to discover and remedy it” (Petersel v…
2Cases cited13 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Nucci v. ProperNew York Court of Appeals · 2001
- Sloane v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Letendre v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1968
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