Jackson v. Jamaica First Parking, LLC
Cases that cite this one
15 later published cases cite this decision.
- Marchese v. St. Martha's Roman Catholic Church, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Marchese v. St. Martha's Roman Catholic Church, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Mandarano v. PND, LLC (Appellate Division of the Supreme Court of New York 2018)
- Vazquez v. Gun Hill Associates, LLC (Appellate Division of the Supreme Court of New York 2014)
- Maloney v. Farris (Appellate Division of the Supreme Court of New York 2014)
- Maloney v. Farris (Appellate Division of the Supreme Court of New York 2014)
- Green v. Albemarle, LLC (Appellate Division of the Supreme Court of New York 2013)
- Green v. Albemarle, LLC (Appellate Division of the Supreme Court of New York 2013)
- Morelli v. Starbucks Corp. (Appellate Division of the Supreme Court of New York 2013)
- Morelli v. Starbucks Corp. (Appellate Division of the Supreme Court of New York 2013)
- Weinberg v. 2345 Ocean Associates, LLC (Appellate Division of the Supreme Court of New York 2013)
- Weinberg v. 2345 Ocean Associates, LLC (Appellate Division of the Supreme Court of New York 2013)
- Nagin v. K.E.M. Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Nagin v. K.E.M. Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Levine v. Amverserve Ass'n (Appellate Division of the Supreme Court of New York 2012)
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
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the contention of the defendant Jamaica First Parking, LLC (hereinafter the appellant), the evidence it submitted in support of its motion for summary judgment dismissing the complaint insofar as asserted against it, including deposition testimony and photographs, failed to establish, prima facie, that the alleged defect was trivial and, therefore, not actionable (see Lagrasta v Town of Oyster Bay, 88 AD3d 658 [2011]; Araujo v City of New York, 84 AD3d 993 [2011]; Bolloli v Waldbaum, Inc., 71 AD3d 618, 619 [2010]; DeLaRosa v City of New York, 61 AD3d 813, 814 [2009]; Portanova v Kantlis, 39 AD3d 731 [2007]; cf. Fisher v JRMR Realty Corp., 63 AD3d 677, 678 [2009]).
Furthermore, “[a] defendant who moves for summary judgment in a trip-and-fall case has the initial burden of making a
In light of the appellant’s failure to meet its prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition to the appellant’s motion were sufficient to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).
Accordingly, the Supreme Court properly denied those branches of the appellant’s motion which were for summary judgment dismissing the complaint insofar as asserted against it on the grounds that the alleged defect was trivial as a matter of law and that it did not create the alleged defect or have actual or constructive notice thereof. Florio, J.E, Belen, Roman and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.