Legal Opinion
DeLeon v. Westhab, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2009PublishedCited by 10 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Liebowitz, J.), dated May 6, 2008, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant’s motion is granted.
A defendant who moves for summary judgment in a slip-and-fall action has the initial burden of demonstrating that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and…
2Cases cited4 opinions
- Sloane v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Frazier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Costello v. ZaidmanAppellate Division of the Supreme Court of the State of New York · 2009
- Cunningham v. Bay Shore Middle SchoolAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by10 opinions
- Cusack v. Peter Luger, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Knack v. Red Lobster 286Appellate Division of the Supreme Court of the State of New York · 2012
- Willis v. Galileo Cortlandt, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Pollina v. Oakland's Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Crapanzano v. Balkon Realty Co.Appellate Division of the Supreme Court of the State of New York · 2009
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