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

CRISTINA CONTRERAS, PLAINTIFF-APPELLANT, v. ZABAR'S, ET AL., DEFENDANTS-RESPONDENTS.

Given the absence of notice to defendants, the mere fact that the surface of defendants' cellar door was slippery when wet is insufficient to raise a triable issue as to negligence (see, Wasserstrom v. New York City Tr. Auth., 267 A.D.2d 36, 37, lv denied 94 N.Y.2d 761). The expert affidavit offered by plaintiff was properly given no weight, since the expert's opinion that safety required more than the familiar raised treads on the metal cellar door was not supported by non-conclusory reference to specific, currently applicable safety standards or practices (see, Cornwell v. Otis Elevator Co., 275 A.D.2d 649; Mosher v. Town of Oppenheim, 263 A.D.2d 605, 606).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

CONTRERAS v. ZABAR'S
(Apr 18, 2002)