Appellate Division of the Supreme Court of New York, 2008

Sloane v. Costco Wholesale Corp.

Appellate Division of the Supreme Court of New York · Decided March 4, 2008

49 A.D.3d 522; 855 N.Y.2d 155

Cases that cite this one

35 later published cases cite this decision. The 25 that cite it most often are listed here.

Lee v. Port Chester Costco Wholesale (Appellate Division of the Supreme Court of New York 2011)
Pollina v. Oakland's Restaurant, Inc. (Appellate Division of the Supreme Court of New York 2012)
Knack v. Red Lobster 286 (Appellate Division of the Supreme Court of New York 2012)
Knack v. Red Lobster 286 (Appellate Division of the Supreme Court of New York 2012)
Yerry v. Whole Food Mkt. Group, Inc. (Appellate Division of the Supreme Court of New York 2022)
Generoso v. Miller's Ale House, Inc. (Appellate Division of the Supreme Court of New York 2020)
Soler v. Jaccarino (Appellate Division of the Supreme Court of New York 2020)
Fleming v. Costco Wholesale Corporation (District Court, E.D. New York 2020)
Aponte v. Clove Lakes Health Care & Rehabilitation Center, Inc. (Appellate Division of the Supreme Court of New York 2017)
Fiore v. Plainview Plaza, LLC (Appellate Division of the Supreme Court of New York 2016)
Finch v. Dake Bros., Inc. (Appellate Division of the Supreme Court of New York 2016)
Wachovsky v. City of New York (Appellate Division of the Supreme Court of New York 2014)
Fernandez v. Bucknell Realty Ltd. Partnership (Appellate Division of the Supreme Court of New York 2014)
Rallo v. ManDell Food Stores, Inc. (Appellate Division of the Supreme Court of New York 2014)
Rallo v. ManDell Food Stores, Inc. (Appellate Division of the Supreme Court of New York 2014)
Payen v. Western Beef Supermarket (Appellate Division of the Supreme Court of New York 2013)
Payen v. Western Beef Supermarket (Appellate Division of the Supreme Court of New York 2013)
Halpern v. Costco Warehouse/ Costco Wholesale (Appellate Division of the Supreme Court of New York 2012)
Indelicato v. Parkway North Associates, L.P. (Appellate Division of the Supreme Court of New York 2012)
Indelicato v. Parkway North Associates, L.P. (Appellate Division of the Supreme Court of New York 2012)
Nisi v. Shop-Rite Supermarkets, Inc. (Appellate Division of the Supreme Court of New York 2011)
Alami v. 215 East 68th Street, L.P. (Appellate Division of the Supreme Court of New York 2011)
Waterman v. New York University (Appellate Division of the Supreme Court of New York 2010)
Zerilli v. Western Beef Retail, Inc. (Appellate Division of the Supreme Court of New York 2010)
Cusack v. Peter Luger, Inc. (Appellate Division of the Supreme Court of New York 2010)

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

*523“A defendant who moves for summary judgment in a slip- and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it” (Frazier v City of New York, 47 AD3d 757, 758 [2008]; see Prusak v New York City Hous. Auth., 43 AD3d 1022 [2007]; Scoppettone v ADJ Holding Corp., 41 AD3d 693 [2007]). Here, the defendant sustained this burden by submitting evidence that it did not create the condition which caused the plaintiff’s fall, and that no spills or other hazards were found when an employee conducted a walk-through inspection of its store just minutes before the accident occurred. In opposition, the plaintiff failed to raise a triable issue of fact (see Frazier v City of New York, 47AD3d 757 [2008]; Prusak v New York City Hous. Auth., 43 AD3d at 1023). Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint.

Furthermore, the court providently exercised its discretion in denying the plaintiffs cross motion to strike the defendant’s answer pursuant to CPLR 3126 based upon spoliation of evidence. The plaintiff failed to establish that the defendant intentionally or negligently failed to preserve crucial evidence after being placed on notice that such evidence might be needed for future litigation (see Denoyelles v Gallagher, 40 AD3d 1027 [2007]; Lovell v United Skates of Am., Inc., 28 AD3d 721 [2006]; lannucci v Rose, 8 AD3d 437, 438 [2004]; Andretta v Lenahan, 303 AD2d 527, 528 [2003]). Mastro, J.P., Covello, Eng and Belen, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.