Legal Opinion

Baillargeon v. Tuttle Roofing Co.

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

Decided February 28, 2012Published

1Opinion of the Court

The appellant failed to establish its prima facie entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate that it did not cause or create the dangerous condition that allegedly caused the injured plaintiff to slip and fall (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Baillargeon v Kings County Waterproofing Corp., 60 AD3d 881 [2009]; Doize v Holiday Inn Ronkonkoma, 6 AD3d 573, 574 [2004]). In support of its summary judgment motion, the appellant argued, among other things, that it had not…

2Cases cited10 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  4. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  5. Church v. Callanan Industries, Inc.New York Court of Appeals · 2002

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