Sut v. City Cinemas Corp.
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, Queens County (Kitzes, J.), dated January 12, 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 is denied.
A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the alleged hazardous condition nor had actual or constructive notice of its existence…
2Cases cited5 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- DeVivo v. SparagoAppellate Division of the Supreme Court of the State of New York · 2001
- Gam v. Pomona Professional CondominiumAppellate Division of the Supreme Court of the State of New York · 2002
- Artis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by5 opinions
- Walker v. GlotzerAppellate Division of the Supreme Court of the State of New York · 2010
- Smith v. Hariri Realty Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Smith v. Hariri Realty Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Williams-Moore v. Blockbuster, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Williams-Moore v. Blockbuster, Inc.Appellate Division of the Supreme Court of the State of New York · 2012