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Sneeden v. North Shore University Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 519 (N.Y. App. Div. 2000)

Opinion

Argued December 13, 1999

January 24, 2000

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Connell, J.), entered November 2, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.

Rieger, Walsh McGinity, LLP, Northport, N.Y. (Leo F. McGinity, Jr., of counsel), for appellant.

Ryan Henderson, P.C., Carle Place, N.Y. (Deborah A. Gray of counsel), for respondent.

DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

In this slip and fall case, the plaintiff failed to raise a triable issue of fact in opposition to the defendant's prima facie showing that it did not create the condition that caused the accident and that it had no actual or constructive notice of the condition (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836 ). Indeed, the plaintiff herself walked down the corridor at issue only five minutes before her accident without incident. Thus, the Supreme Court properly granted the defendant summary judgment dismissing the complaint.

The plaintiff's remaining contention is without merit (see, CPLR 2001; Volpe v. Canfield, 237 A.D.2d 282 ).

JOY, J.P., ALTMAN, GOLDSTEIN, and SCHMIDT, JJ., concur.


Summaries of

Sneeden v. North Shore University Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 519 (N.Y. App. Div. 2000)
Case details for

Sneeden v. North Shore University Hospital

Case Details

Full title:MARGARET SNEEDEN, appellant, v. NORTH SHORE UNIVERSITY HOSPITAL AT…

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

Date published: Jan 24, 2000

Citations

268 A.D.2d 519 (N.Y. App. Div. 2000)
701 N.Y.S.2d 662

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