Stumacher v. Waldbaum, Inc.
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, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 12, 2000, as denied its cross motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the cross motion is granted, and the complaint dismissed.
To establish a prima facie case of negligence, a plaintiff in a slip and fall action must demonstrate that the defendant either created the condition which caused the accident, or had actual or constructive…
2Cases cited6 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
- Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Moss v. JNK Capital Ltd.Appellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
- Joachim v. 1824 Church Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Britto v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Yioves v. T.J. Maxx, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Holub v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
12 more not listed; retrieve them via the Exa API.