Legal Opinion

Bachrach v. Waldbaum, Inc.

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

Decided May 10, 1999PublishedCited by 15 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 23, 1998, which granted the defendant’s motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In order for a plaintiff in a slip-and-fall case to establish a prima facie case of negligence, he or she must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition (see, Kraemer…

2Cases cited4 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
  4. Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by15 opinions

  1. Hutchinson v. Sheridan Hill House Corp.New York Court of Appeals · 2015
  2. Pena v. Women's Outreach Network, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Stumacher v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Fox v. Kamal Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Grant v. Radamar MeatAppellate Division of the Supreme Court of the State of New York · 2002

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