Legal Opinion
Friedenreich v. Roosevelt Field Mall Management
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 2005PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated July 7, 2004, which denied their motion for summary judgment-dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In a slip-and-fall case, a plaintiff must establish that the defendant either created the defective condition, or had actual or constructive notice of it (see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]; Rocco v St.…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Sanchez-Acevedo v. Mariott Health Care ServiceAppellate Division of the Supreme Court of the State of New York · 2000
- Rocco v. St. Matthew's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- Britto v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Tomyuk v. Junefield AssociateAppellate Division of the Supreme Court of the State of New York · 2008
- Marino v. Stop & Shop Supermarket Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Ulu v. ITT Sheraton Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Leary v. Leisure Glen Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2011