Joyes v. Buffalo Waterfront Restaurant Corp.
Cases that cite this one
3 later published cases cite this decision.
- Scott v. Tops Mkts., LLC (Appellate Division of the Supreme Court of New York 2024)
- Gentile v. University of Rochester Medical Center (Appellate Division of the Supreme Court of New York 2002)
- Frank v. Price Chopper Operating Co. (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously reversed on the law with costs, motion denied and complaint against defendant Buffalo Waterfront Restaurant Corporation reinstated. Memorandum: Plaintiff commenced this action to recover damages for injuries she sustained when she allegedly slipped on a wet spot at a restaurant owned by Buffalo Waterfront Restaurant Corporation (defendant). Supreme Court erred in granting the motion of defendant for summary judgment dismissing the complaint against it on the ground that defendant neither created the alleged dangerous condition nor had notice of it. Defendant’s proof that the floor did not appear wet after the incident was contradicted by plaintiffs deposition testimony. Even assuming, arguendo, that a dangerous condition existed, we conclude that defendant failed to present any proof in support of its motion that it neither created the dangerous condition nor had notice of it (see, Beltran v Metropolitan Life Ins. Co., 259 AD2d 456; Ostuni v East Rockaway Vil. Tavern, 238 AD2d 558). The failure of defendant to meet its initial burden “requires a denial
Case-law data current through December 31, 2025. Source: CourtListener bulk data.