Legal Opinion
Toth v. Pergament Home Center
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 1998PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Colar, J.), dated February 14, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In order to establish a prima facie case of negligence in a slip and fall case, a plaintiff must demonstrate that the defendant created the condition which caused the accident or had actual or constructive notice of it (see, Hollinger v Chestnut Ridge Racquet Corp., 227 AD2d 380; Kraemer v K-Mart…
2Cases cited7 opinions
- Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
- Mazzaferro v. Barterama Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Pizzi v. Bradlee's Division of Stop & Shop, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Jones v. GamerayAppellate Division of the Supreme Court of the State of New York · 1989
- Hollinger v. Chestnut Ridge Racquet Corp.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by2 opinions
- Romeo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Windvand v. 4612 13th Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2000