Legal Opinion
Oliveri v. Oliveri
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1998PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated September 8, 1997, 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 plaintiff failed to demonstrate that the defendant’s *562decedent created the defective condition complained of or had actual notice thereof (see, Cataldo v Waldbaum, Inc., 244 AD2d 446; McLaughlan v Waldbaums, Inc., 237 AD2d 335; Bykofsky v…
2Cases cited10 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Orellano v. Samples Tire Equipment & Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Bykofsky v. Waldbaum's Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Ruggiero v. Waldbaums Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- McLaughlan v. Waldbaums, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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3Cited by4 opinions
- Quinones v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Corrado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Doize v. Holiday Inn RonkonkomaAppellate Division of the Supreme Court of the State of New York · 2004
- Moran v. Man-Dell Food Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2002