Grant v. Radamar Meat
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated August 17, 2001, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
On a motion for summary judgment to dismiss a complaint in a slip and fall action based upon lack of notice, the defendant is required to make a prima facie showing affirmatively establishing the absence of notice as a matter of law (see Stumacher v…
2Cases cited13 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Dwoskin v. Burger King Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Pirillo v. Longwood Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Tyrrell v. Wal-Mart Stores, Inc.New York Court of Appeals · 2001
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3Cited by10 opinions
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- Dow v. Schenectady County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2007
- Ventriglio v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 2004
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