Legal Opinion

Gwitt v. Denny's, Inc.

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

Decided February 10, 2012PublishedCited by 18 opinions

1Opinion of the Court

Memorandum: Plaintiff commenced this action alleging that he slipped and fell on snow and ice in the parking lot of defendant Denny’s, Inc., also, as noted by Supreme Court, improperly sued as Denny’s Restaurant (Denny’s). Defendants thereafter moved for summary judgment dismissing the second amended complaint. As relevant to this appeal, the court granted the motion in part with respect to Denny’s, determining that Denny’s was entitled to summary judgment insofar as the second amended complaint, as amplified by the bill of particulars, alleged that Denny’s was negligent in creating the icy…

2Cases cited8 opinions

  1. King v. Sam's East, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Russo v. YMCA of Greater BuffaloAppellate Division of the Supreme Court of the State of New York · 2004
  3. Jordan v. MusingerAppellate Division of the Supreme Court of the State of New York · 1993
  4. Conklin v. UlmAppellate Division of the Supreme Court of the State of New York · 2007
  5. PHILLIPS, JASON v. HENRY B'S INC.Appellate Division of the Supreme Court of the State of New York · 2011

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3Cited by18 opinions

  1. Navetta v. Onondaga Galleries Ltd. Liability Co.Appellate Division of the Supreme Court of the State of New York · 2013
  2. HAGENBUCH, KEITH v. VICTORIA WOODS HOA, INC.Appellate Division of the Supreme Court of the State of New York · 2015
  3. O'BRYAN, CHESLEY A. v. TONAWANDA HOUSING AUTHORITYAppellate Division of the Supreme Court of the State of New York · 2016
  4. Danielak v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  5. Lobianco v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2023

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