Legal Opinion
Molloy v. Waldbaum, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 2010PublishedCited by 18 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J), dated June 15, 2009, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To demonstrate its entitlement to summary judgment in a slip-and-fall case, a defendant must establish, prima facie, that it did not create the condition that allegedly caused the fall, and *660did not have actual or constructive notice of that condition for a sufficient length of time to remedy it (see Gregg v Key…
2Cases cited5 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Erikson v. J.I.B. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Tenkate v. Tops Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Holub v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Gregg v. Key Food SupermarketAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by18 opinions
- Guo v. Quong Big Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Willis v. Galileo Cortlandt, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Gairy v. 3900 Harper Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Klerman v. Fine Fare SupermarketAppellate Division of the Supreme Court of the State of New York · 2012
- Lagrasta v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2011
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