From Casetext: Smarter Legal Research

Resnick v. Waldbaums Supermarket

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 385 (N.Y. App. Div. 2001)

Opinion

2001-01728

Submitted November 29, 2001.

December 17, 2001.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated July 12, 2000, which denied its motion for summary judgment dismissing the complaint.

Sobel Kelly, P.C., Huntington, N.Y. (Curtis Sobel of counsel), for appellant.

Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER, BARRY A. COZIER, JJ.


ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff failed to raise a triable issue of fact in opposition to the defendant's prima facie showing that it neither created nor had actual or constructive notice of the oil patch that allegedly caused her to slip and fall (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Lombardo v. Island Grill Diner, 276 A.D.2d 532; Schultz v. New York Racing Assn., 253 A.D.2d 489; Mercer v. City of New York, 223 A.D.2d 688). Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint.

O'BRIEN, J.P., SANTUCCI, H. MILLER and COZIER, JJ., concur.


Summaries of

Resnick v. Waldbaums Supermarket

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 2001
289 A.D.2d 385 (N.Y. App. Div. 2001)
Case details for

Resnick v. Waldbaums Supermarket

Case Details

Full title:MIRIAM RESNICK, respondent, v. WALDBAUMS SUPERMARKET, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 17, 2001

Citations

289 A.D.2d 385 (N.Y. App. Div. 2001)
735 N.Y.S.2d 399

Citing Cases

Panetta v. Phoenix Beverages, Inc.

To establish a prima facie case of negligence in a slip-and-fall case, a plaintiff must show that the…