Pollio v. Nelson Cleaning Co.
Cases that cite this one
5 later published cases cite this decision.
- Frank v. Time Equities, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Yanega v. National Amusements, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Petrell v. Victory Markets, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Pugni v. 17 Battery Park Place North Associates II (Appellate Division of the Supreme Court of New York 2000)
- Atkinson v. Golub Corp. (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
—In an action to recover damages for personal injuries, etc., the defendánt appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 27, 1999, 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.
“It is well settled that in order ‘[t]o prove a prima facie case of negligence in a slip and fall case, a plaintiff is required to show that the defendant created the condition which caused the accident or that the defendant had actual or constructive notice of the condition’ ” (Goldman v Waldbaum, Inc., 248 AD2d 436, 437, quoting Bradish v Tank Tech Corp., 216 AD2d 505, 506). On a motion for summary judgment to dismiss the complaint based upon lack of notice, the defendant is required to make a prima facie showing affirmatively establishing the absence of notice as a matter of law (see, Colt v Great Atl. &
The conclusory assertions set forth in the injured plaintiffs affidavit in opposition to the motion were insufficient to raise a triable issue of fact (see, Hartz Mtn. Corp. v Allou Distribs., 173 AD2d 440). O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.