Briggs v. Pick Quick Foods, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered November 15, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
“A defendant who moves for summary judgment in a slip- and-fall action has the initial burden of making a prima facie demonstration that it neither created the hazardous condition, nor had actual or constructive notice of its existence” (Smith v Costco Wholesale Corp., 50 AD3d 499, 500 [1st Dept 2008]). Upon such showing, the burden shifts to the party opposing the motion “to raise a triable…
2Cases cited7 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Kershner v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Stoerzinger v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by7 opinions
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- Jones v. New York-Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2017
- Velocci v. Stop & ShopAppellate Division of the Supreme Court of the State of New York · 2020
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