Legal Opinion

Battelli v. Fox Hill Country Club

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

Decided December 15, 2003Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Dunn, J.), dated October 15, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, the defendant satisfied its initial burden on the motion for summary judgment by demonstrating through the deposition testimony of its part-time manager and certain restaurant guests that the alleged leak that caused the wet condition upon which the plaintiff fell…

2Cases cited5 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  3. Chemont v. Pathmark Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Sherman v. LodgeAppellate Division of the Supreme Court of the State of New York · 1989
  5. Paino v. Friendly Ice Cream Corp.Appellate Division of the Supreme Court of the State of New York · 2003

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