§Why CasetextPricing

Dolores Parietti et al., Appellants,v.Wal-Mart Stores, Inc. et al., Respondents, et al., Defendant.

Brief

16 Cited authorities

  1. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,802 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."

  2. Mercer v. City of New York

    88 N.Y.2d 955 (N.Y. 1996)   Cited 170 times
    Holding plaintiff failed to meet burden where no evidence of a reasonable time to correct or warn about existence of dangerous condition was presented

  3. Rivera v. GT Acquisition 1 Corp.

    72 A.D.3d 525 (N.Y. App. Div. 2010)   Cited 62 times

    No. 2553. April 20, 2010. Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered August 24, 2009, which, insofar as appealed from, granted the motion of defendant Blickmeyer Siebelits, Inc. (B S) and the cross motion of defendant Meadowbrook Farms, Inc. (Meadowbrook) for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs. John V. Decolator, Garden City, for appellant. Camacho Mauro Mulholland, LLP, New York (Andrea Sacco Camacho

  4. Aquino v. Kuczinski

    39 A.D.3d 216 (N.Y. App. Div. 2007)   Cited 57 times
    Noting that "notice alone is not enough; the plaintiff must also show that defendant had a 'sufficient opportunity, within the exercise of reasonable care, to remedy the situation' after receiving such notice" (quoting Lewis v. Metropolitan Transp. Autho., 472 N.Y.S.2d 368 (App. Div. 2d Dep't 1984))

  5. Dwoskin v. Burger King Corporation

    249 A.D.2d 358 (N.Y. App. Div. 1998)   Cited 71 times
    Finding plaintiff's claim that he slipped and fell on a puddle of water and melting ice located 3 to 4 feet from a self-service beverage counter insufficient to establish notice where 10 minutes before the accident, an employee inspected the area and did not see the puddle

  6. Santos v. 786 Flatbush Food Corp..

    89 A.D.3d 828 (N.Y. App. Div. 2011)   Cited 31 times

    2011-11-9 Maria SANTOS, appellant,v.786 FLATBUSH FOOD CORP., et al., respondents, et al., defendant. Adam L. Shapiro & Associates, P.C., Forest Hills, N.Y. (Kenneth R. Berman of counsel), for appellant.Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset, N.Y. (Anton Piotroski of counsel), for respondents. PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, and ROBERT J. MILLER, JJ. Adam L. Shapiro & Associates, P.C., Forest Hills, N.Y. (Kenneth R. Berman of counsel), for

  7. Anderson v. Klein's Foods, Inc.

    139 A.D.2d 904 (N.Y. App. Div. 1988)   Cited 56 times
    In Anderson v. Klein's Foods. Inc., 139 A.D.2d 904, 905, 527 N.Y.S.2d 897, 898 (4th Dep't 1988), the plaintiff slipped and fell on crushed grapes, but was unable to establish how long the grapes had been there. After she fell, "she saw grapes on the floor, some of which were crushed, and some others farther away which had been crushed by someone else.

  8. Pirillo v. Longwood Associates, Inc.

    179 A.D.2d 744 (N.Y. App. Div. 1992)   Cited 46 times
    Holding that "mere existence of the soda on the floor at the time of the accident is insufficient to impute notice"

  9. Warren v. Walmart Stores, Inc.

    105 A.D.3d 732 (N.Y. App. Div. 2013)   Cited 15 times

    2013-04-3 Cheryl A. WARREN, respondent, v. WALMART STORES, INC., appellant, et al., defendant. Brody, O'Connor & O'Connor, Northport, N.Y. (Thomas M. O'Connor and Patricia A. O'Connor of counsel), for appellant. Arnold Saphirstein, East Meadow, N.Y. (John R. Frank of counsel), for respondent. WILLIAM F. MASTRO Brody, O'Connor & O'Connor, Northport, N.Y. (Thomas M. O'Connor and Patricia A. O'Connor of counsel), for appellant. Arnold Saphirstein, East Meadow, N.Y. (John R. Frank of counsel), for respondent

  10. Ruck v. Levittown Norse Associates, LLC

    27 A.D.3d 444 (N.Y. App. Div. 2006)   Cited 20 times

    2005-02824. March 7, 2006. In an action to recover damages for personal injuries, the defendant Rite Aid Corporation appeals from an order of the Supreme Court, Kings County (Douglass, J.), dated January 19, 2005, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it. Jay S. Haberman, New York, N.Y. (Mark D. Lefkowitz of counsel), for appellant. Rubenstein Rynecki, Brooklyn, N.Y. (Paul R. Cordella of counsel), for respondent. Before: Schmidt, J.P., Santucci