Legal Opinion
Goldman v. Waldbaum, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 2002PublishedCited by 15 opinions
1Opinion of the Court
To establish a prima facie case of negligence, a plaintiff in a slip-and-fall case must demonstrate that the defendants either created the condition which caused the accident, or had actual or constructive notice of the condition (see Sanchez-Acevedo v Mariott Health Care Serv., 270 AD2d 244). In this case, the defendants satisfied their burden on the motion for summary judgment by submitting evidence which demonstrated that they neither created the allegedly dangerous condition, a wet slippery film on the floor of a checkout lane of the defendant supermarket, nor had actual or constructive…
2Cases cited5 opinions
- Moss v. JNK Capital Ltd.Appellate Division of the Supreme Court of the State of New York · 1995
- Moss v. JNK Capital Ltd.New York Court of Appeals · 1995
- Sanchez-Acevedo v. Mariott Health Care ServiceAppellate Division of the Supreme Court of the State of New York · 2000
- Blaszczyk v. RiccioAppellate Division of the Supreme Court of the State of New York · 1999
- Collins v. Rockbottom Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by15 opinions
- Metling v. Punia & Marx, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Deveau v. CF Galleria at White PlainsAppellate Division of the Supreme Court of the State of New York · 2005
- Pomerantz v. Culinary InstituteAppellate Division of the Supreme Court of the State of New York · 2003
- Anthony v. Wegmans Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Campanella v. 1955 Corp.Appellate Division of the Supreme Court of the State of New York · 2002
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