Curzio v. Tancredi
Cases that cite this one
5 later published cases cite this decision.
- Rivera v. Queens Ballpark Co., LLC (Appellate Division of the Supreme Court of New York 2015)
- Mitchell v. Consolidated Edison (Appellate Division of the Supreme Court of New York 2006)
- Feldmus v. Ryan Food Corp. (Appellate Division of the Supreme Court of New York 2006)
- Galit v. Town of Islip (Appellate Division of the Supreme Court of New York 2005)
- Joachim v. 1824 Church Avenue, 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
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated August 8, 2003, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To 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 (see Luciani v Waldbaum, Inc., 304 AD2d 537 [2003]; Goldman v Waldbaum, Inc., 248 AD2d 436 [1998]). Accordingly, on the defendant’s motion, he was required to make a prima facie showing of entitlement to summary judgment by establishing that he neither created nor had actual or constructive notice of the condition (see Luciani v Waldbaum, Inc., supra). The evidence submitted by the defendant in the form of the parties’ testimony at their examinations before trial failed to establish that the defendant did not create the condition. Therefore, the Supreme Court properly denied the motion. Altman, J.P., Goldstein, Schmidt, Cozier and Skelos, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.