Parietti v. Wal-Mart Stores, Inc.
Cases that cite this one
53 later published cases cite this decision. The 25 that cite it most often are listed here.
- Roland v. Jackson Terrace Apts. (Appellate Division of the Supreme Court of New York 2021)
- Selimaj v. Almonte Hgts. Food Corp. (Appellate Division of the Supreme Court of New York 2026)
- Khan v. Rodriguez (Appellate Division of the Supreme Court of New York 2026)
- Rowland v. Brooklyn Hosp. Ctr. (Appellate Division of the Supreme Court of New York 2026)
- Pettinato v. EQR-RiverTower, LLC (Appellate Division of the Supreme Court of New York 2026)
- Tkachuk v. D&J Realty of N.Y., LLC (Appellate Division of the Supreme Court of New York 2025)
- Isaac v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2025)
- Freeman v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2025)
- Johnson v. 2525-2537 Realty, LLC (Appellate Division of the Supreme Court of New York 2025)
- Liyun Zhu v. Kai Yan Huang (Appellate Division of the Supreme Court of New York 2025)
- Siino v. Little Disciple Learning Ctr., Inc. (Appellate Division of the Supreme Court of New York 2025)
- King v. Damiano Corp. of Canarsie (Appellate Division of the Supreme Court of New York 2025)
- Siltz v. Golub Corp. (Appellate Division of the Supreme Court of New York 2025)
- Scammell v. Flum (Appellate Division of the Supreme Court of New York 2024)
- Rothman v. Fairfield Mastic, LLC (Appellate Division of the Supreme Court of New York 2024)
- Schwarzer v. Young Men's Christian Assn. of Greater N.Y. (New York Supreme Court, New York County 2024)
- Hussain v. Neurology Continuum, P.C. (Appellate Division of the Supreme Court of New York 2024)
- Ortiz v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2024)
- Dan v. City of New York (Appellate Division of the Supreme Court of New York 2024)
- Cuminale v. 160-55 Crossbay Blvd., LLC (Appellate Division of the Supreme Court of New York 2024)
- Russo v. Old Westbury Hebrew Congregation (Appellate Division of the Supreme Court of New York 2024)
- Ames v. Kimso Apts., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Arbit v. Costco Wholesale Corp. (Appellate Division of the Supreme Court of New York 2024)
- Fatty v. City of New York (Appellate Division of the Supreme Court of New York 2024)
- Vinokurova v. Edith & Carl Marks Jewish Community House of Bensonhurst, Inc. (Appellate Division of the Supreme Court of New York 2023)
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
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and the motion of Wal-Mart Stores, Inc. and Wal-Mart Stores East, L.P. for summary judgment dismissing the complaint, insofar as asserted against them, denied. In a slip-and-fall case, a defendant property owner moving for summary judgment has the burden of making a prima facie showing that it neither (1) affirmatively created the hazardous condition nor (2) had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence (see Lewis v Metropolitan Transp. Auth., 99 AD2d 246, 249 [1984], affd for reasons stated below 64 NY2d 670 [1984]). Triable issues of fact exist as to whether Wal-Mart Stores, Inc. and Wal-Mart Stores East, L.P. had notice of a hazardous condition and a reasonable time to correct or warn about its existence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.