Jimenez v. T.J. Maxx, 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 from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 10, 2004, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that it neither created the allegedly defective condition upon which the plaintiff claimed she slipped and fell, nor had actual or constructive…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Regina v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2000
- Semple v. Sterling Estates, LLCAppellate Division of the Supreme Court of the State of New York · 2002
- Bynum v. SalterAppellate Division of the Supreme Court of the State of New York · 2005
- Vera v. FishmanAppellate Division of the Supreme Court of the State of New York · 2005
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- Smith v. 3173 Gas Corp.Appellate Division of the Supreme Court of the State of New York · 2023
- Wnetrzak v. V.C. Vitanza Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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