Legal Opinion
Labella v. Seafood
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 2002PublishedCited by 6 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, Nassau County (Burke, J.), entered August 30, 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.
To establish a prima facie case of negligence in a trip and fall case, a plaintiff is required to present proof that the defendant created, or had actual or constructive notice of, the defective condition which allegedly caused the fall (see…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Capraro v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- Robinson v. LupoAppellate Division of the Supreme Court of the State of New York · 1999
- Saks v. Yeshiva of Spring Valley, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
- Cuevas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Vasquez v. RectorAppellate Division of the Supreme Court of the State of New York · 2007
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Gonzalez v. Board of Education of YonkersAppellate Division of the Supreme Court of the State of New York · 2002
- Rivera v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
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