Pala v. D. Braf, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Milano, J.), dated May 30, 2000, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In opposing the defendant’s prima facie showing of entitlement to summary judgment, it was incumbent upon the plaintiff to come forward with evidence establishing that the defendant either created the allegedly dangerous condition or had actual or…
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