Legal Opinion
Bojovic v. Lydig Bejing Kitchen, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2012PublishedCited by 10 opinions
1Opinion of the Court
Defendants failed to make a prima facie showing that they did not have constructive notice of the dangerous snow and ice condition on the sidewalk in front of their premises. In support of their motion, defendants point to plaintiff’s deposition testimony that the last snowfall prior to her accident (at about 10:00 a.m. on January 31, 2007) occurred the day before, when it snowed “about one inch.” Defendants also cite a restaurant employee’s testimony that his practice and procedure was to shovel snow as soon as the restaurant opened for business at 11:00 a.m.; that he would not have arrived…
2Cases cited3 opinions
- Massey v. Newburgh W. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Lebron v. Napa Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Garcia v. Mack-Cali Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by10 opinions
- Mike v. 91 Payson Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Penn v. 57-63 Wadsworth Terrace Holding, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- FERGUSON, ASHLEY v. ROCHESTER CITY SCHOOL DISTRICTAppellate Division of the Supreme Court of the State of New York · 2012
- Ferguson v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
- Ferguson v. Rochester City School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
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