Loguidice v. Fiorito
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he slipped and fell on ice near the entrance to defendant Euclid Restaurant. Plaintiff alleges that the ice formed from the run-off of water from the roof and the overhang above the door. Defendants moved for summary judgment dismissing the complaint on the ground that they lacked constructive notice of the allegedly dangerous condition.
Defendants met their initial burden of proving lack of constructive notice. Plaintiff, however, raised triable issues of fact…
2Cases cited8 opinions
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- O'Connor-Miele v. Barhite & Holzinger, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Padula v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- McLaughlan v. Waldbaums, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Chin v. Harp MarketingAppellate Division of the Supreme Court of the State of New York · 1996
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- Schmidt v. DiPernoAppellate Division of the Supreme Court of the State of New York · 2006
- Lowe v. SpadaAppellate Division of the Supreme Court of the State of New York · 2001
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