Legal Opinion
Gennaro v. Cord Meyer Development Co. & LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2008PublishedCited by 3 opinions
1Opinion of the Court
The plaintiff commenced this action against the defendant, alleging that a pothole in the defendant’s parking lot caused him to fall and sustain personal injuries. The defendant moved for summary judgment dismissing the complaint, contending that it did not create the alleged defect or have actual or constructive notice of it. The Supreme Court granted the motion. We affirm.
The defendant met its initial burden of establishing its entitle*726ment to judgment as a matter of law by submitting evidence sufficient to demonstrate that it did not create the alleged defect or have actual or constructive…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Batton v. ElghanayanNew York Court of Appeals · 1978
- Bayberry Realties v. Eastern Baptist Association of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Rios v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by3 opinions
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Robinson v. Hess Retail Stores, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Gorodetskaya v. A/Dale Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2026