Legal Opinion

Schubert-Fanning v. Stop & Shop Supermarket Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 2014PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Pastoressa, J.), entered May 6, 2013, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

To demonstrate prima facie entitlement to judgment as a matter of law in a trip-and-fall case, a defendant must establish that it maintained the premises in a reasonably safe condition and that it did not create…

2Cases cited13 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  3. Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
  4. Weisenthal v. PickmanAppellate Division of the Supreme Court of the State of New York · 1989
  5. Curiale v. Sharrotts Woods, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

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3Cited by8 opinions

  1. Kyte v. Mid-Hudson Wendico, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Niewojt v. Nikko Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Beceren v. Joan Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  4. Gurley v. Rochdale Village, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  5. Berger v. FrischnerAppellate Division of the Supreme Court of the State of New York · 2015

3 more not listed; retrieve them via the Exa API.

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