Legal Opinion
Tiano v. Nick's Lobster & Seafood Restaurant & Clam Bar
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2002PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Cammer, J.), dated October 29, 2001, 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.
The defendant demonstrated its prima facie entitlement to summary judgment by establishing that it neither created a defective condition in the wooden walkway leading to its restaurant upon which the plaintiffs decedent Isaac Tiano allegedly fell,…
2Cases cited6 opinions
- Ferris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
- Bongiorno v. Penske Automobile CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Skinner v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 1995
- O'Callaghan v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Slater v. Stop & Shop Supermarket Co.Appellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
- Levinstim v. ParkerAppellate Division of the Supreme Court of the State of New York · 2006
- Marszalkiewicz v. Waterside Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Brandes v. Inc. Village of LindenhurstAppellate Division of the Supreme Court of the State of New York · 2004
- Saryian v. Ramana, Inc.Appellate Division of the Supreme Court of the State of New York · 2003