Legal Opinion
Kaplan v. Great Neck Donuts, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2009PublishedCited by 5 opinions
1Opinion of the Court
*932While exiting a Dunkin’ Donuts restaurant which was operated by the appellant, on premises leased from the defendant Sui Ying Wat, also known as Susie Wat, the plaintiff tripped and fell as she traversed a brick step. After joinder of issue, the appellant moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
The appellant established its prima facie entitlement to judgment as a matter of law by demonstrating, through the submission of the plaintiffs deposition testimony, that she was unable to identify the cause of her fall (see Denicola v…
2Cases cited3 opinions
- Denicola v. CostelloAppellate Division of the Supreme Court of the State of New York · 2007
- Rivera v. Bushwick Ridgewood Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Rodriguez v. CafaroAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by5 opinions
- Rivera v. J. Nazzaro Partnership, L.P.Appellate Division of the Supreme Court of the State of New York · 2014
- Murphy v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Mitthauer v. T. Moriarty & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Humphrey v. MerivilAppellate Division of the Supreme Court of the State of New York · 2013
- Humphrey v. MerivilAppellate Division of the Supreme Court of the State of New York · 2013