Legal Opinion
Collins v. 5840 Merrick Road Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 2011PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated January 13, 2010, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Viewing the evidence in the light most favorable to the plaintiff (see Martinez v Khaimov, 74 AD3d 1031 [2010]; Rivera v YMCA of Greater N.Y., 37 AD3d 579 [2007]), the defendants failed to establish, prima facie, that they did not create the alleged hazardous condition or have actual or constructive notice of…
2Cases cited10 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Perlongo v. Park City 3 & 4 Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Joachim v. 1824 Church Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Kolivas v. KirchoffAppellate Division of the Supreme Court of the State of New York · 2005
- Britto v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2005
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3Cited by2 opinions
- Confessore v. Rossi Pharmacy, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Sickle v. King Kullen Grocery Co.Appellate Division of the Supreme Court of the State of New York · 2011