Panetta v. Phoenix Beverages, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*660In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dorsa, J.), dated December 3, 2004, which granted the motion of the defendant Phoenix Beverages, Inc., for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
To establish a prima facie case of negligence in a slip-and-fall case, a plaintiff must show that the defendant either created the condition which caused the accident, or that it had actual or constructive notice of the condition (see…
2Cases cited10 opinions
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
- Mercer v. City of New YorkNew York Court of Appeals · 1996
- Gonzalez v. Jenel Management Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Herrera v. Felice Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
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