Legal Opinion

Guerrero v. Duane Reade, Inc.

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

Decided December 12, 2013PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered November 23, 2012, which granted defendant Duane Reade, Inc.’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

In this slip and fall action, defendant failed to establish as a matter of law that it did not create or have actual or constructive notice of a hazardous condition, since it failed to offer specific evidence as to its activities on the day of the accident, including, but not limited to, when the area where plaintiff fell was last inspected…

2Cases cited2 opinions

  1. Signorelli v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Cater v. Double Down Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012

3Cited by6 opinions

  1. Bonilla v. 191 Realty Assoc., L.P.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Hawthorne-King v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
  3. Fama v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  4. Fama v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  5. Perez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2014

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