Legal Opinion
Roethgen v. AMF Babylon Lanes
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2006PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated July 5, 2005, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
On a summary judgment motion, the defendant in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of the condition for a sufficient length of time to discover and remedy it (see Marino v Stop & Shop…
2Cases cited6 opinions
- 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
- Marino v. Stop & Shop Supermarket Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Kappes v. Cohoes Bowling Arena, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Overton v. Leisure Time Recreation, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
- DeFalco v. BJ's Wholesale Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Hudlin v. DeliAppellate Division of the Supreme Court of the State of New York · 2007
- Latorres v. Delta Air Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Leandro v. Walmart Supercenter Store 2637District Court, S.D. New York · 2021