AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MEMET ARSLAN, Appellant, v. RICHMOND NORTH BELLMORE REALTY, LLC, Defendant, and STOP-N-SHOP SUPERMARKET, Respondent.

Ordered that the order is affirmed, with costs.

The Supreme Court properly, in effect, granted the renewed motion of the defendant Stop-N-Shop Supermarket (hereinafter the defendant) for summary judgment dismissing the complaint insofar as asserted against it. The defendant established its prima facie entitlement to judgment as a matter of law by submitting, inter alia, the affidavit of an employee charged with regularly inspecting the store in which the plaintiff tripped and fell, which demonstrated that the defendant did not create the alleged hazardous condition or have actual or constructive notice of it ( see Popovec v Great Atl. Pac. Tea Co., Inc., 26 AD3d 321; Ganci v National Wholesale Liquidators of Farming-dale, Inc., 20 AD3d 551; Meyer v Pathmark Stores, 290 AD2d 423). The plaintiffs contention, in opposition, that the substance on the aisle floor must have been present for 20 to 30 minutes was, under the circumstances of this case, speculative and conclusory and, thus, insufficient to raise a triable issue of fact as to whether the defendant had constructive notice of the substance ( see Steisel v Golden Reef Diner, 67 AD3d 670, 671; Gonforone v Southland Corp., 300 AD2d 443; Dixon v Lichtman, 295 AD2d 308, 309; Marukos v Waldbaums, Inc., 267 AD2d 434; Cuddy v Waldbaum, Inc., 230 AD2d 703; Pirillo v Longwood Assoc., 179 AD2d 744).

The plaintiff's remaining contention is without merit.

Use AI to get other relevant cases.

Comments

ARSLAN v. STOP-N-SHOP SUPERMA
(Dec 21, 2010)