DeFalco v. BJ's Wholesale Club, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*825In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Rosengarten, J.), dated May 11, 2006, which granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and that branch of the defendant’s motion which was for summary judgment dismissing the complaint is denied.
“ ‘A defendant who moves for summary judgment in a slip- and-fall case has the initial burden of making a prima facie showing that it neither created the…
2Cases cited12 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Yioves v. T.J. Maxx, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Curtis v. Dayton Beach Park No. 1 Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Mondello v. DiStefanoAppellate Division of the Supreme Court of the State of New York · 2005
- Pearson v. Parkside Ltd. LiabilityAppellate Division of the Supreme Court of the State of New York · 2006
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