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

ELVA PIZARRO, appellant, v. GRENADIER REALTY CORP., ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. In support of their motion, the defendants established a prima facie case that they neither created nor had actual or constructive notice of the icy condition which allegedly caused the plaintiff to slip and fall ( see Voss v. DC Parking, 299 A.D.2d 346; Corsaro v. Stop Shop, 287 A.D.2d 678). In opposition to the defendants' motion, the plaintiff failed to raise a triable issue of fact, and, based on the evidence presented, it would be mere speculation to conclude that the defendants had sufficient time to discover and remedy the situation ( see Penny v. Pembrook Mgt., 280 A.D.2d 590; Sellet v. United Artists Theaters, 251 A.D.2d 488, 489; Bertman v. Board of Mgrs. of Omni Ct. Condominium I, 233 A.D.2d 283).

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

Use AI to get other relevant cases.

Comments

PIZARRO v. GRENADIER REALTY CORP
(Mar 22, 2004)