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Bruno v. Nu-Merit Electrical Supply Co.

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 425 (N.Y. App. Div. 2002)

Opinion

2002-01416

Argued November 21, 2002.

December 16, 2002.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Franco, J.), entered January 8, 2002, which granted that branch of the motion of the defendants Nu-Merit Electrical Supply Co. and Theodore Sheridan which was for summary judgment dismissing the complaint insofar as asserted against them.

Alan S. Ripka (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.

Milber Makris Plousadis Seiden, LLP, Garden City, N.Y. (Audra S. Zane and Richard A. Lilling of counsel), for respondents.

Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff Filomena Bruno allegedly was injured when she tripped and fell on an object in one of the aisles of the respondents' store. The Supreme Court granted that branch of the respondents' motion which was for summary judgment dismissing the complaint insofar as asserted against them. We affirm.

The plaintiffs correctly contend that Mrs. Bruno sufficiently identified the alleged defective condition which caused her fall. However, in opposition to the respondents' prima facie showing of entitlement to judgment as a matter of law, the plaintiffs failed to demonstrate the existence of a triable issue of fact as to whether the respondents created the alleged condition (see Ruisi v. Frank's Nursery Crafts, 272 A.D.2d 314; Fink v. Board of Educ. of City of N.Y., 117 A.D.2d 704) or had actual or constructive notice of it (see Daniely v. County of Westchester, 297 A.D.2d 654; Grant v. Radamar Meat, 294 A.D.2d 398; Dumont v. Griswold Co., 246 A.D.2d 879; Moss v. JNK Capital, 211 A.D.2d 769, affd 85 N.Y.2d 1005).

In light of our determination, it is unnecessary to address the plaintiffs' remaining contentions.

FEUERSTEIN, J.P., SMITH, O'BRIEN and GOLDSTEIN, JJ., concur.


Summaries of

Bruno v. Nu-Merit Electrical Supply Co.

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 425 (N.Y. App. Div. 2002)
Case details for

Bruno v. Nu-Merit Electrical Supply Co.

Case Details

Full title:FILOMENA BRUNO, ET AL., appellants, v. NU-MERIT ELECTRICAL SUPPLY CO., ET…

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

Date published: Dec 16, 2002

Citations

300 A.D.2d 425 (N.Y. App. Div. 2002)
750 N.Y.S.2d 885