Frazier v. Pioneer Central School District
Cases that cite this one
8 later published cases cite this decision.
- Kidwell v. Walden Avenue Blend-All Hotel Development, Inc. (Appellate Division of the Supreme Court of New York 2002)
- GOWIN, DAVID v. AVOX SYSTEMS, INC. (Appellate Division of the Supreme Court of New York 2016)
- Gowin v. Avox System, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Gowin v. Avox System, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Kimpland v. Camillus Mall Associates, L.P. (Appellate Division of the Supreme Court of New York 2007)
- Brooks v. Saum (Appellate Division of the Supreme Court of New York 2007)
- Edwards v. Arlington Mall Associates (Appellate Division of the Supreme Court of New York 2004)
- Rapini v. New Plan Excel Realty Trust, Inc. (Appellate Division of the Supreme Court of New York 2004)
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
—Appeal from an order of Supreme Court, Cattaraugus County (Nenno, J.), entered January 28, 2002, which denied defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint, which seeks damages for injuries allegedly sustained when plaintiff slipped and fell on an accumulation of ice on defendant’s loading dock. Defendant failed to meet its initial burden of establishing as a matter of law that the condition of the loading dock was not dangerous or defective or that defendant lacked actual or constructive notice of that condition (see Gentile v University of Rochester Med. Ctr., 292 AD2d 874; Atkinson v Golub Corp. Co., 278 AD2d 905, 905-906). Nor did defendant establish as a matter of law that plaintiff’s injuries were caused by a storm in progress (see Stalker v Crestview Cadillac Corp., 284 AD2d 977; see also Vickery v Estate of Brockman, 278 AD2d 913, 914; Gilmartin v Tempestoso, 273
Case-law data current through December 31, 2025. Source: CourtListener bulk data.