Opinion

Brown v. Kissena Farms, Inc.

  • 202 A.D.2d 620
  • 612 N.Y.S.2d 872
  • 1994 N.Y. App. Div. LEXIS 2940
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 28, 1994
Status
Published
Cited by
0 cases
Authority
More cited than 2.3%

The opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Graci, J.), entered May 8, 1992, as granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The trial court properly granted the defendant’s motion for summary judgment dismissing the complaint. The defendant satisfied its initial burden of establishing that it lacked actual or constructive notice of the debris on the floor and the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact concerning actual or constructive notice (see, Fasolino v Charming Stores, 77 NY2d 847 ; Browne v Big V Supermarkets, 188 AD2d 798 ; Wells v Golub Corp., 182 AD2d 927 ; Anderson v Klein’s Foods, 139 AD2d 904 , affd 73 NY2d 835 ). Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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