Friedenreich v. Roosevelt Field Mall Management
Cases that cite this one
5 later published cases cite this decision.
- Leary v. Leisure Glen Home Owners Ass'n (Appellate Division of the Supreme Court of New York 2011)
- Tomyuk v. Junefield Associate (Appellate Division of the Supreme Court of New York 2008)
- Ulu v. ITT Sheraton Corp. (Appellate Division of the Supreme Court of New York 2006)
- Britto v. Great Atlantic & Pacific Tea Co. (Appellate Division of the Supreme Court of New York 2005)
- Marino v. Stop & Shop Supermarket Co. (Appellate Division of the Supreme Court of New York 2005)
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 defendants appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated July 7, 2004, which denied their 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.
In a slip-and-fall case, a plaintiff must establish that the defendant either created the defective condition, or had actual or constructive notice of it (see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]; Rocco v St. Mat
Here, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they neither created nor had actual or constructive notice of the alleged wet and slippery condition that caused the fall. In opposition, the plaintiffs claimed that the defendants created the alleged hazardous condition. However, the plaintiffs’ claim that the defendants’ cleaning activities created the subject condition was unsubstantiated, speculative, and insufficient to defeat summary judgment (see Sanchez-Acevedo v Mariott Health Care Serv., 270 AD2d 244 [2000]). Therefore, there being no triable issue of fact, the Supreme Court should have granted the defendants’ motion for summary judgment dismissing the complaint.
The plaintiffs’ remaining contention is without merit. H. Miller, J.P., Krausman, Crane and Fisher, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.