AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

LORRAINE TOTH, Appellant, v. PERGAMENT HOME CENTER, Respondent.

Ordered that the order is affirmed, with costs.

In order to establish a prima facie case of negligence in a slip and fall case, a plaintiff must demonstrate that the defendant created the condition which caused the accident or had actual or constructive notice of it (see, Hollinger v. Chestnut Ridge Racquet Corp., 227 A.D.2d 380; Kraemer v. K-Mart Corp., 226 A.D.2d 590). After the defendant made out a prima facie case for summary judgment, the plaintiff's submissions in opposition to the motion were inadequate to raise a triable issue of fact in this regard (see, Sapinkopf v. Marriott Host, 224 A.D.2d 512; Calabrese v. B.P.O. Elks Lodge # 744, 215 A.D.2d 345; Pizzi v. Bradlee's Div., 172 A.D.2d 504). The plaintiff's contention that she should have been permitted to conduct further discovery is without merit (see, Mazzaferro v. Barterama Corp., 218 A.D.2d 643; Jones v. Gameray, 153 A.D.2d 550).

Bracken, J.P., Copertino, Pizzuto and Altman, JJ., concur.

Use AI to get other relevant cases.

Comments

TOTH v. PERGAMENT HOME CENTER
(May 4, 1998)