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Moran v. Man-Dell Food Stores

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 2002
293 A.D.2d 723 (N.Y. App. Div. 2002)

Opinion

2001-07703

Argued April 11, 2002.

April 29, 2002.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 25, 2001, which granted the defendant's motion for summary judgment dismissing the complaint.

Abraham J. Katz, Whitestone, N.Y., for appellant.

Arlene Zalayet, Mineola, N.Y. (Robert T. Baer of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, JJ.


ORDERED that the order is affirmed, with costs.

The plaintiff alleged that she was injured as she attempted to pry apart two shopping carts stacked in a corral, while she was looking for a cart which contained S-type hooks. The shopping carts were provided by the defendant, who owned and maintained them for the convenience of its customers.

Contrary to the plaintiff's contention, the defendant established a prima facie showing of its entitlement to judgment as a matter of law (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; see generally Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Oliveri v. Oliveri, 251 A.D.2d 561). The burden then shifted to the plaintiff to submit evidence in admissible form sufficient to raise a triable issue of fact. The plaintiff failed to meet this burden because her opposition consisted only of her counsel's bare affirmation (see Cataldo v. Waldbaum, 244 A.D.2d 446, 447; Stahl v. Stralberg, 287 A.D.2d 613; Hoffman Eastern Long Is. Transp. Enter., 266 A.D.2d 509; see generally Zuckerman v. City of New York, 49 N.Y.2d 557). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

FLORIO, J.P., SMITH, KRAUSMAN and TOWNES, JJ., concur.


Summaries of

Moran v. Man-Dell Food Stores

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 2002
293 A.D.2d 723 (N.Y. App. Div. 2002)
Case details for

Moran v. Man-Dell Food Stores

Case Details

Full title:DEBRA MORAN, appellant, v. MAN-DELL FOOD STORES, INC., d/b/a KEY FOOD…

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

Date published: Apr 29, 2002

Citations

293 A.D.2d 723 (N.Y. App. Div. 2002)
741 N.Y.S.2d 428

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