Legal Opinion
Castore v. Tutto Bene Restaurant Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 2010PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered August 14, 2009, which, in this action seeking damages for personal injuries suffered in a slip and fall, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant met its initial burden of showing, prima facie, that it neither created nor had notice, whether actual or constructive, of the purportedly dangerous condition that caused plaintiff to slip and fall (see Piacquadio v Recine Realty Corp., 84 NY2d 967, 969 [1994]; Gordon v American Museum of Natural…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Kane v. Estia Greek Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Raghu v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Bethea v. Weston House Housing Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by6 opinions
- Costanzo v. Woman's Christian Ass'n of JamestownAppellate Division of the Supreme Court of the State of New York · 2012
- Falcon v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2024
- Falcon v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2024
- COSTANZO, JOSEPH v. v. WOMAN'S CHRISTIAN ASSN OF JAMESTOWNAppellate Division of the Supreme Court of the State of New York · 2012
- Lynch v. C & S Wholesale Grocers, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
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