Babb v. Marshalls of MA, 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, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), entered July 2, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
In a slip-and-fall accident, a defendant moving for summary judgment has the initial burden of making a prima facie showing that it neither created the allegedly hazardous condition nor had actual or…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
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- Perlongo v. Park City 3 & 4 Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Ford v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2004
- Murphy v. Lawrence Towers Apartments, LLCAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by9 opinions
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- Sesina v. Joy Lea Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Osbourne v. 80-90 Maiden Lane Del, LLCAppellate Division of the Supreme Court of the State of New York · 2013
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