Legal Opinion

Jimenez v. T.J. Maxx, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 2005PublishedCited by 6 opinions

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

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Regina v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2000
  3. Semple v. Sterling Estates, LLCAppellate Division of the Supreme Court of the State of New York · 2002
  4. Bynum v. SalterAppellate Division of the Supreme Court of the State of New York · 2005
  5. Vera v. FishmanAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by6 opinions

  1. Popovec v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Singer v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 2005
  3. Amplo v. Milden Avenue Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2008
  4. Smith v. 3173 Gas Corp.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Wnetrzak v. V.C. Vitanza Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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