Legal Opinion
Brown-Phifer v. Cross County Mall Multiplex
Appellate Division of the Supreme Court of the State of New York
Decided April 16, 2001PublishedCited by 18 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered October 24, 2000, as denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.
To impose liability upon the appellants, there must be evidence tending to show the existence of a dangerous or defective condition, and that the appellants either created the condition or had actual or…
2Cases cited5 opinions
- Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
- Robinson v. LupoAppellate Division of the Supreme Court of the State of New York · 1999
- Kuchman v. Olympia & York, USA, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Patrick v. Cho's Fruit & VegetablesAppellate Division of the Supreme Court of the State of New York · 1998
- Bonilla v. Starrett City at Spring CreekAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by18 opinions
- Curran v. EspositoAppellate Division of the Supreme Court of the State of New York · 2003
- Christopher v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Penn v. Fleet BankAppellate Division of the Supreme Court of the State of New York · 2004
- Deveau v. CF Galleria at White PlainsAppellate Division of the Supreme Court of the State of New York · 2005
- Karwowski v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
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