AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
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
Judges

PETER AMES, Appellant, v. WALDBAUM, INC., Respondent.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

By offering no evidence to establish when the area in which the plaintiff allegedly was injured was last inspected or cleaned on the day in question, the defendant failed to establish its prima facie entitlement to judgment as a matter of law ( see Feldmus v Ryan Food Corp., 29 AD3d 940, 941; Yioves v T.J. Maxx, Inc., 29 AD3d 572, 572-573; Britto v Great Ail. Pac. Tea Co., Inc., 21 AD3d 436, 436-437). Therefore, the defendant's motion for summary judgment dismissing the complaint should have been denied, without regard to the sufficiency of the opposing affidavits ( see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).

Use AI to get other relevant cases.

Comments

AMES v. WALDBAUM
(Nov 21, 2006)