Legal Opinion

Breuer v. Wal-Mart Stores, Inc.

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

Decided December 10, 2001PublishedCited by 11 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated May 22, 2001, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, and the complaint is dismissed.

*277The defendant met its initial burden of showing, as a matter of law, that it neither created the alleged clear, slimy condition upon which the plaintiff slipped and fell nor had notice of that condition (see, Gordon v American…

2Cases cited7 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Kershner v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Chemont v. Pathmark Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Seneglia v. FPL FoodsAppellate Division of the Supreme Court of the State of New York · 2000

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Quinn v. Holiday Health & Fitness Centers of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Dennehy-Murphy v. Nor-Topia Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Collins v. Mayfair Super Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Franklin v. Omni Sagamore HotelAppellate Division of the Supreme Court of the State of New York · 2004
  5. Portanova v. Dynasty Meat Corp.Appellate Division of the Supreme Court of the State of New York · 2002

6 more not listed; retrieve them via the Exa API.

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