Pastore v. Western Beef, 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, the plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered March 19, 2012, which granted the defendant’s 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 burden of establishing, prima facie, that it neither created the alleged hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Petersel v Good…
2Cases cited10 opinions
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- Johnson v. Culinary Institute of AmericaAppellate Division of the Supreme Court of the State of New York · 2012
- Schiano v. Mijul, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Cusack v. Peter Luger, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Knack v. Red Lobster 286Appellate Division of the Supreme Court of the State of New York · 2012
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- Gadzhiyeva v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
- Hernandez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
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