Moquin v. Romeo
Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated February 11, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
After the defendants made a prima facie showing of their entitlement to judgment as a matter of law in support of their motion for summary judgment dismissing the complaint, it was incumbent upon the plaintiff to come forward with evidence showing that the defendants either created the allegedly dangerous condition or had actual or constructive notice thereof (see Gordon v American Museum of Natural History, 67 NY2d 836; Carter v National Amusements, 287 AD2d 589; Trabolse v Rizzo, 275 AD2d 320; Rodriguez v Notre Dame Academy of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.