Pizarro v. Grenadier Realty Corp.
Cases that cite this one
4 later published cases cite this decision.
- Fung v. Japan Airlines Co. (Appellate Division of the Supreme Court of New York 2008)
- DeStefano v. City of New York (Appellate Division of the Supreme Court of New York 2007)
- Schmidt v. DiPerno (Appellate Division of the Supreme Court of New York 2006)
- Gilliam v. White Castle (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
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated September 12, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint.
The Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. In support of their motion, the defendants established a prima facie case that they neither created nor had actual or constructive notice of the icy condition which allegedly caused the plaintiff to slip and fall (see Voss v D & C Parking, 299 AD2d 346 [2002]; Corsaro v Stop & Shop, 287 AD2d 678 [2001]). In opposition to the defendants’ motion, the plaintiff failed to raise a triable issue of fact, and, based on the evidence presented, it would be mere speculation to conclude that the defendants had sufficient time to discover and remedy the situation (see Penny v Pembrook Mgt., 280 AD2d 590 [2001]; Sellet v United Artists Theaters, 251 AD2d 488, 489 [1998]; Bertman v Board of Mgrs. of Omni Ct. Condominium I, 233 AD2d 283 [1996]). S. Miller, J.P., Luciano, Adams and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.