Baptiste v. 1626 Meat Corp.
Cases that cite this one
12 later published cases cite this decision.
- Torres v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2010)
- Vargas v. Cadwalader Wickersham & Taft, LLP (Appellate Division of the Supreme Court of New York 2017)
- Clarkin v. in Line Restaurant Corp. (Appellate Division of the Supreme Court of New York 2017)
- Anderson v. Skidmore College (Appellate Division of the Supreme Court of New York 2012)
- Kogan v. North Street Community, LLC (Appellate Division of the Supreme Court of New York 2011)
- Dones v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2011)
- Sabalza v. Salgado (Appellate Division of the Supreme Court of New York 2011)
- Castillo v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2010)
- De La Cruz v. Lettera Sign & Electric Co. (Appellate Division of the Supreme Court of New York 2010)
- Sprague v. Profoods Restaurant Supply, LLC (Appellate Division of the Supreme Court of New York 2010)
- Lebron v. Napa Realty Corp. (Appellate Division of the Supreme Court of New York 2009)
- Aviles v. 2333 1st Corp. (Appellate Division of the Supreme Court of New York 2009)
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
Order, Supreme Court, New York County (Rosalyn Richter, J.), entered June 7, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.
The court erred in granting defendant’s summary judgment motion in this action where infant plaintiff allegedly slipped on a puddle of water in an aisle in defendant’s store. The testimony from defendant’s store manager regarding the store’s general maintenance procedures failed to satisfy defendant’s burden of making a prima facie case of entitlement to summary judgment on the basis that it lacked constructive notice of the alleged water hazard. There were insufficient details provided regarding the last time the aisle had been checked prior to the accident or about the actions of defendant’s staff on the date of the accident (see Porco v Marshalls Dept. Stores, 30 AD3d 284 [2006]; Jacques v Richal Enters., 300 AD2d 45 [2002]). Concur—Lippman, P.J., Mazzarelli, Friedman, Marlow and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.