Legal Opinion
O'Callaghan v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 2002PublishedCited by 3 opinions
1Opinion of the Court
—In *417an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated January 19, 2001, which granted defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To establish a prima facie case of negligence in a slip and fall case, a plaintiff must demonstrate that the defendant created the condition that caused the accident, or that the defendant had actual or constructive notice of the condition (see Rabadi v Atlantic & Pac. Tea Co., 268 AD2d 418; Rotunno v…
2Cases cited10 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Anderson v. Klein's Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Anderson v. Klein's Foods, Inc.New York Court of Appeals · 1988
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3Cited by3 opinions
- Ramos v. Castega-20 Vesey Street, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Tiano v. Nick's Lobster & Seafood Restaurant & Clam BarAppellate Division of the Supreme Court of the State of New York · 2002
- Klor v. American AirlinesAppellate Division of the Supreme Court of the State of New York · 2003