Legal Opinion

Tomao v. City of New York

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

Decided April 7, 2009PublishedCited by 1 opinion

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

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Negron v. St. Patrick's Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
  3. In re KovelskyAppellate Division of the Supreme Court of the State of New York · 1995
  4. Hackbarth v. McDonalds Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Rodriguez v. White Plains Public SchoolsAppellate Division of the Supreme Court of the State of New York · 2006

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Velez v. 955 Tenants Stockholders, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

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