You are here: / / DEFENDANT DID NOT DEMONSTRATE WHEN THE AREA OF THE FALL WAS LAST CLEANED...

DEFENDANT DID NOT DEMONSTRATE WHEN THE AREA OF THE FALL WAS LAST CLEANED OR INSPECTED, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED IN THIS SLIP AND FALL CASE, POINTING TO GAPS IN PLAINTIFFS’ CASE NOT ENOUGH (FIRST DEPT).

The First Department, reversing Supreme Court, determined summary judgment should not have been granted to defendant in this slip and fall case. The defendant did not demonstrate when the area of the fall was last cleaned or inspected. Therefore no prima facie case was made out. Reliance on gaps in plaintiffs’ case is not enough in the summary-judgment context.

In this slip and fall action, defendant sought to demonstrate its entitlement to summary judgment by merely pointing to perceived gaps in plaintiffs’ case … . Defendant failed to establish its prima facie entitlement to judgment as a matter of law by demonstrating when the area in question was last cleaned or inspected relative to the time when plaintiff fell … . Vargas v Riverbay Corp., 2018 NY Slip Op 00520, First Dept 1-30-18

 

NEGLIGENCE (SLIP AND FALL, DEFENDANT DID NOT DEMONSTRATE WHEN THE AREA OF THE FALL WAS LAST CLEANED OR INSPECTED, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED IN THIS SLIP AND FALL CASE, POINTING TO GAPS IN PLAINTIFFS’ CASE NOT ENOUGH (FIRST DEPT))/SLIP AND FALL (DEFENDANT DID NOT DEMONSTRATE WHEN THE AREA OF THE FALL WAS LAST CLEANED OR INSPECTED, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED IN THIS SLIP AND FALL CASE, POINTING TO GAPS IN PLAINTIFFS’ CASE NOT ENOUGH (FIRST DEPT))

You might also like
Post-Conviction DNA Test Results Warranted New Trial Under 2012 Amendment to CPL 440.10
THE SECOND DEGREE MURDER COUNTS SHOULD HAVE BEEN DISMISSED AS INCLUSORY CONCURRENT COUNTS OF THE FIRST DEGREE MURDER COUNTS (FIRST DEPT).
BG, AN ADOLESCENT OFFENDER (AO) WITHIN THE MEANING OF THE “RAISE THE AGE ACT,” ASSAULTED A MAN AND THREW HIM ON THE SUBWAY TRACKS; A BYSTANDER JUMPED DOWN TO HELP THE ASSAULT VICTIM; THE BYSTANDER WAS KILLED BY A SUBWAY TRAIN WHICH STOPPED BEFORE REACHING THE ASSAULT VICTIM; THE JUDGE RULED THE MATTER SHOULD BE TRANSFERRED TO FAMILY COURT; THE PEOPLE SOUGHT A WRIT OF PROHIBITION WHICH WAS DENIED (FIRST DEPT).
THE HOSTILE WORK ENVIRONMENT AND SEX DISCRIMINATION CLAIMS WERE NOT UNTIMELY BECAUSE A CONTINUING COURSE OF CONDUCT LEADING UP TO THE FILING OF THE COMPLAINT WAS ALLEGED (FIRST DEPT). ​
THE ABSENCE OF A CERTIFICATE OF CONFORMITY FOR AN OUT-OF-STATE AFFIDAVIT OF SERVICE WAS A MERELY TECHNICAL DEFECT WHICH DID NOT PREVENT THE COURT FROM CONSIDERING THE AFFIDAVIT (FIRST DEPT).
PLAINTIFFS-TENANTS STATED CLAIMS FOR TENANT HARASSMENT, PRIVATE NUISANCE, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND PUNITIVE DAMAGES FOR FAILURE TO PROVIDE ELECTRICITY, WATER, HEAT AND VENTILATION (FIRST DEPT).
INFORMATION ALLEGED BY THE DEFENDANTS TO HAVE REVEALED FRAUD IN THE SALE OF CREDIT DEFAULT OBLIGATIONS AT A TIME WHICH RENDERED THE CURRENT FRAUDULENT MISREPRESENTATION ACTION TIME-BARRED WAS NOT SUFFICIENT TO WARRANT A DISMISSAL AT THE PLEADING STAGE.
ALTHOUGH DEFENDANT’S TRUCK WAS IN THE WRONG LANE, THE POSITION OF THE TRUCK FURNISHED A CONDITION FOR THE ACCIDENT BUT WAS NOT THE PROXIMATE CAUSE OF THE ACCIDENT, PLAINTIFF’S DECEDENT WAS WEAVING IN AND OUT OF TRAFFIC ON HIS MOTORCYCLE AT HIGH SPEED WHEN HE STRUCK A CAR, AND WAS THROWN UNDER THE TRUCK (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

NEGLIGENCE AND LABOR LAW 200 CAUSES OF ACTION IN THIS ELECTROCUTION CASE SHOULD... INTENT REQUIREMENT OF ATTEMPTED GRAND LARCENY DOES NOT ATTACH TO THE VALUE OF...