Legal Opinion
Deluna-Cole v. Tonali, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 2003PublishedCited by 15 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered August 12, 2002, which, in an action for personal injuries sustained when plaintiff slipped and fell in defendants’ restaurant, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion was properly denied on the ground that defendants failed to meet their initial burden of establishing lack of notice as a matter of law. The sworn statements of defendants’ hostess, that her duties included “walking around the restaurant looking for hazardous conditions” and that…
2Cases cited2 opinions
- Rose v. Da Ecib USAAppellate Division of the Supreme Court of the State of New York · 1999
- Jacques v. Richal Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by15 opinions
- Porco v. Marshalls Department StoresAppellate Division of the Supreme Court of the State of New York · 2006
- Kesselman v. Lever House RestaurantAppellate Division of the Supreme Court of the State of New York · 2006
- Berger v. ISK Manhattan, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Rosati v. Kohl's Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Field v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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