Legal Opinion

Beri v. Chung Fat Supermarket, Inc.

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

Decided February 4, 2015No. 2014-07404PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), entered May 22, 2014, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

In a premises liability case, a defendant property owner who moves for summary judgment has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or…

2Cases cited5 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
  3. Minor v. 1265 Morrison, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. Alexander v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  5. Williams v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by2 opinions

  1. Dougherty v. 359 Lewis Ave. Assoc., LLCAppellate Division of the Supreme Court of the State of New York · 2021
  2. Korn v. Parkside Harbors Apartments, LLCAppellate Division of the Supreme Court of the State of New York · 2015

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