Legal Opinion

Contreras v. Zabar's

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

Decided April 18, 2002PublishedCited by 11 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Franklin Weissberg, J.), entered November 29, 2000, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Given the absence of notice to defendants, the mere fact that the surface of defendants’ cellar door was slippery when wet is insufficient to raise a triable issue as to negligence (see, Wasserstrom v New York City Tr. Auth., 267 AD2d 36, 37, lv denied 94 NY2d 761). The expert affidavit offered by plaintiff was properly given no weight, since the expert’s opinion that safety required more…

2Cases cited3 opinions

  1. Mosher v. Town of OppenheimAppellate Division of the Supreme Court of the State of New York · 1999
  2. Cornwell v. Oits Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Wasserstrom v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by11 opinions

  1. Boatwright v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
  2. Etheridge v. Marion A. Daniels & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Criscenti v. VerizonAppellate Division of the Supreme Court of the State of New York · 2012
  4. Navarro v. H. Heiden, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. Hernandez v. NY Prepaid Wireless LLCAppellate Division of the Supreme Court of the State of New York · 2022

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