Connizzo v. K-Mart Corp.

Appellate Division of the Supreme Court of New York

Connizzo v. K-Mart Corp.

290 A.D.2d 527, 736 N.Y.S.2d 614, 2002 N.Y. App. Div. LEXIS 748

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 28, 2002

StatusPublished

Cited by1 cases

This text of 290 A.D.2d 527 (Connizzo v. K-Mart Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Connizzo v. K-Mart Corp., 290 A.D.2d 527, 736 N.Y.S.2d 614, 2002 N.Y. App. Div. LEXIS 748 (N.Y. Ct. App. 2002).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Molia, J.), entered November 2, 2000, which, upon an order of the same court entered April 26, 2000, granting the motion of the defendant K-Mart Corporation for summary judgment dismissing the complaint insofar as asserted against it, dismissed the complaint insofar as asserted against that defendant.

Ordered that the judgment is affirmed, with costs.

The respondent made a prima facie showing of entitlement to judgment as a matter of law by establishing that it did not create or have actual or constructive notice of the oil spill upon which the injured plaintiff allegedly slipped and fell (see, CPLR 3212 [b]). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the respondent’s motion for summary judgment dismissing the complaint insofar as asserted against it. Florio, J.P., O’Brien, H. Miller and Townes, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Molia, J.), entered November 2, 2000, which, upon an order of the same court entered April 26, 2000, granting the motion of the defendant K-Mart Corporation for summary judgment dismissing the complaint insofar as asserted against it, dismissed the complaint insofar as asserted against that defendant.

Ordered that the judgment is affirmed, with costs.

The respondent made a prima facie showing of entitlement to judgment as a matter of law by establishing that it did not create or have actual or constructive notice of the oil spill upon which the injured plaintiff allegedly slipped and fell (see, CPLR 3212 [b]). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the respondent’s motion for summary judgment dismissing the complaint insofar as asserted against it. Florio, J.P., O’Brien, H. Miller and Townes, JJ., concur.

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Bluebook (online)

290 A.D.2d 527, 736 N.Y.S.2d 614, 2002 N.Y. App. Div. LEXIS 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connizzo-v-k-mart-corp-nyappdiv-2002.

Opinion

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