Legal Opinion
Sanchez-Acevedo v. Mariott Health Care Service
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 2000PublishedCited by 11 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 (Schmidt, J.), dated October 30, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To establish a prima facie case of negligence, the plaintiff in a slip and fall case must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition (see, Kaplan v Waldbaum’s Inc., 231 AD2d 680). In this…
2Cases cited3 opinions
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Dwoskin v. Burger King Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Kaplan v. Waldbaum's Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by11 opinions
- Cusack v. Peter Luger, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Cangemi v. BurganAppellate Division of the Supreme Court of the State of New York · 2011
- Friedenreich v. Roosevelt Field Mall ManagementAppellate Division of the Supreme Court of the State of New York · 2005
- Capra v. Waldbaum's Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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