Zerilli v. Western Beef Retail, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Kitzes, J.), entered December 29, 2008, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In a slip-and-fall case, the defendant moving for summary judgment has the burden of demonstrating, prima facie, that it did not create the alleged hazardous condition or have actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Perlongo…
2Cases cited16 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
- Weisenthal v. PickmanAppellate Division of the Supreme Court of the State of New York · 1989
- Perlongo v. Park City 3 & 4 Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Negron v. St. Patrick's Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by21 opinions
- Edwards v. Hy-VeeNebraska Supreme Court · 2016
- Freiser v. Stop & Shop Supermarket Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Paduano v. 686 Forest Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Koziar v. Grand Palace RestaurantAppellate Division of the Supreme Court of the State of New York · 2015
- Payen v. Western Beef SupermarketAppellate Division of the Supreme Court of the State of New York · 2013
16 more not listed; retrieve them via the Exa API.