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

SANDRA A. LAMONT, Appellant, v. LANE BRYANT, INC., Doing Business as LANE BRYANT STORES, et al., Respondents, and E.C. PROVINI CO., INC., Defendant and Third-Party Plaintiff-Respondent. LIMITED STORES PLANNING, INC., et al., Third-Party Defendants; CHARMING SHOPPES, INC., Third-Party Defendant-Respondent.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff alleged that she was injured when she tripped on a "bump" in the middle of the base of a pedestrian ramp at a retail store operated by the defendant Lane Bryant, Inc., doing business as Lane Bryant Stores. The ramp was designed by the defendant Abbot Abbot Architects, PLL, and installed by the defendant third-party plaintiff, E.C. Provini Co., Inc.

The defendants and the third-party defendant Charming Shoppes, Inc., made an initial showing of entitlement to summary judgment by submitting evidence that the defendants neither created the bump nor had actual or constructive notice of its existence ( see Marino v Stop Shop Supermarket Co., 21 AD3d 531, 532 [2005]; see also Gordon v American Museum of Natural History, 67 NY2d 836, 837-838). In response, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact as to whether the defendants created ( see Sanchez-Acevedo v Mariott Health Care Serv., 270 AD2d 244; Bradish v Tank Tech Corp., 216 AD2d 505, 506), or had actual or constructive notice of the defect ( see Gordon v American Museum of Natural History, supra at 837-838; Stone v Long Is. Jewish Med. Ctr., 302 AD2d 376, 377).

The plaintiff's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

LAMONT v. CHARMING SHOPPES, INC
(Oct 10, 2006)