Gilliam v. White Castle

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated November 19, 2003, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant established its prima facie entitlement to judgment as a matter of law through evidence that it neither created the condition that allegedly caused the plaintiff to fall, nor had actual or constructive knowledge thereof (see Galietta v…