Legal Opinion

Green v. Albemarle, LLC

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

Decided June 26, 2013PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated May 17, 2012, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A defendant in a trip-and-fall case who moves for summary judgment based on lack of notice has the initial burden of making a prima facie showing that it neither created nor had actual notice of the alleged hazardous condition, and that it did not have constructive notice of the condition for a length of time…

2Cases cited10 opinions

  1. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  2. Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
  3. Pryzywalny v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  4. Bolloli v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Arzola v. Boston Properties Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 2009

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Derise v. Jaak 773, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Griffith v. Jk Chopra HoldingAppellate Division of the Supreme Court of the State of New York · 2013
  3. Fernandez v. Festival Fun Parks, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  4. Griffith v. Jk Chopra HoldingAppellate Division of the Supreme Court of the State of New York · 2013

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