Legal Opinion
McNally v. Kiki, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2012PublishedCited by 7 opinions
1Opinion of the CourtMcCarthy, J.
Plaintiff Belinda McNally (hereinafter plaintiff) tripped and fell while walking in the lower parking lot on defendant’s premises. To recover for injuries she sustained in that fall, plaintiff and her husband, derivatively, commenced this action. Following discovery, defendant moved for summary judgment dismissing the complaint. Supreme Court granted the motion. Plaintiffs appeal.
Because defendant failed to meet its prima facie burden of demonstrating its entitlement to summary judgment, we reverse. A landowner meets its prima facie burden of establishing that it fulfilled its duty to…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
- Braudy v. Best Buy Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Kropp v. Corning, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Jones-Barnes v. Congregation Agudat AchimAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by7 opinions
- Harkins v. TumaAppellate Division of the Supreme Court of the State of New York · 2020
- Harris v. ErfurtAppellate Division of the Supreme Court of the State of New York · 2014
- Cusson v. Hillier Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Cusson v. Hillier Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Gami v. Cornell Univ.Appellate Division of the Supreme Court of the State of New York · 2018
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