Valenti v. Ferrara Brothers, Inc.
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, etc., the defendant appeals from an order of the Supreme Court, Queens County (LaTorella, J.), dated April 4, 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 opposition to the defendant’s prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact that the defendant created or had actual or constructive notice of the alleged…
2Cases cited3 opinions
- Mercer v. City of New YorkNew York Court of Appeals · 1996
- Cellini v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Moorman v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1999