Legal Opinion
Notaro v. Buffalo Waterfront Restaurant Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 30, 1997PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment. Although plaintiff will bear the burden at trial of proving that defendant created the allegedly dangerous condition of the stairs or had actual or constructive notice of it (see, Lowrey v Cumberland Farms, 162 AD2d 777, 778), on its motion for summary judgment defendant bore the burden of establishing its entitlement to judgment as a matter of law (see, Jordan v Musinger, 197 AD2d 889). Defendant failed to meet that burden (see, Jordan v Musinger, supra; cf., Yaroschak v…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Ayotte v. GervasioNew York Court of Appeals · 1993
- Lowrey v. Cumberland Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Jordan v. MusingerAppellate Division of the Supreme Court of the State of New York · 1993
- Katz v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by4 opinions
- Mancini v. Quality Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Lugo v. County of Essex, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Cooper v. Carmike Cinemas, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Harper v. AustinAppellate Division of the Supreme Court of the State of New York · 1997