Legal Opinion
Alston v. Starrett City Associates
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 2010PublishedCited by 8 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (F. Rivera, J.), dated May 1, 2009, which denied their motion for summary judgment dismissing the complaint and granted the plaintiffs cross motion for leave to amend her bill of particulars.
Ordered that the order is affirmed, with costs.
A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it did not create the condition on which the plaintiff slipped, and did not have actual or constructive…
2Cases cited3 opinions
- Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
- Marshall v. Jeffrey Management Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Soto-Lopez v. Board of ManagersAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by8 opinions
- Amendola v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Lamour v. DecimusAppellate Division of the Supreme Court of the State of New York · 2014
- Byrne v. NicosiaAppellate Division of the Supreme Court of the State of New York · 2013
- Arcabascio v. We're Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Gray v. LifetitzAppellate Division of the Supreme Court of the State of New York · 2011
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