Tomao v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Aliotta, J.), dated December 10, 2007, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In this slip-and-fall case, the defendants made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidence demonstrating that they neither created nor had actual or constructive notice of the allegedly dangerous condition created by water that…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Negron v. St. Patrick's Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
- In re KovelskyAppellate Division of the Supreme Court of the State of New York · 1995
- Hackbarth v. McDonalds Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Rodriguez v. White Plains Public SchoolsAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by1 opinion
- Velez v. 955 Tenants Stockholders, Inc.Appellate Division of the Supreme Court of the State of New York · 2009