Legal Opinion
Alston v. Zabar's & Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2012PublishedCited by 5 opinions
1Opinion of the Court
Defendants met their initial burden to demonstrate their entitlement to judgment as a matter of law by submitting plaintiffs deposition testimony stating that she did not know what caused her fall and did not observe anything on the floor before or after the accident (see Raghu v New York City Nous. Auth., 72 AD3d 480, 482 [2010]; Reed v Piran Realty Corp., 30 AD3d 319, 320 [2006], lv denied 8 NY3d 801 [2007]).
Plaintiff failed to meet her burden to raise a triable issue of fact. The affidavit by an expert engineer was insufficient to raise a question of fact as to whether the combination of…
2Cases cited4 opinions
- Santiago v. United Artists Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Raghu v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Sarmiento v. C & E AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Sanders v. Morris Heights Mews AssociatesAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- Lipsky v. Manhattan Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Pascucci v. MPM Real Estate, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Green v. Gracie Muse Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Green v. Gracie Muse Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Lipsky v. Manhattan Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 2013