Legal Opinion

Killeen v. Our Lady of Mercy Medical Center

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

Decided December 7, 2006PublishedCited by 7 opinions

1Opinion of the Court

*206Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered August 3, 2005, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action for personal injury sustained by plaintiff when he allegedly slipped and fell on black ice in the loading dock area of defendant’s premises, defendant met its burden of demonstrating, prima facie, that it had not created the alleged hazard or had actual or constructive notice of it (see Manning v Americold Logistics, LLC, 33 AD3d 427 [2006]). In response, plaintiff failed to adduce…

2Cases cited2 opinions

  1. Carricato v. Jefferson Valley Mall Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2002
  2. Manning v. Americold Logistics, LLCAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by7 opinions

  1. Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Slates v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  3. McRae v. New York Flower, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. McRae v. New York Flower, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  5. Coleman v. United StatesDistrict Court, E.D. New York · 2025

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