Haque v. Reade, Inc.

Appellate Division of the Supreme Court of New York

Haque v. Reade, Inc.

70 A.D.3d 773, 892 N.Y.S.2d 906

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

DecidedFebruary 9, 2010

StatusPublished

Cited by1 cases

This text of 70 A.D.3d 773 (Haque v. Reade, Inc.) 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

Haque v. Reade, Inc., 70 A.D.3d 773, 892 N.Y.S.2d 906 (N.Y. Ct. App. 2010).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Elliot, J.), entered June 9, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint.

[774]*774Ordered that the order is affirmed, with costs.

By submitting proof that, in response to inclement weather, its employees had undertaken reasonable precautions such as periodically mopping the area where the accident occurred, the defendant met its initial burden of establishing its right to judgment as a matter of law (see e.g. Sook Ja Lee v Yi Mei Bakery Corp., 305 AD2d 579 [2003]). The plaintiff, in opposing the defendant’s motion for summary judgment, failed to demonstrate the existence of any triable issue of fact.

The plaintiffs remaining contention concerning the alleged spoliation of evidence is without merit. Santucci, J.P., Dickerson, Eng and Chambers, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Elliot, J.), entered June 9, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint.

[774]*774Ordered that the order is affirmed, with costs.

By submitting proof that, in response to inclement weather, its employees had undertaken reasonable precautions such as periodically mopping the area where the accident occurred, the defendant met its initial burden of establishing its right to judgment as a matter of law (see e.g. Sook Ja Lee v Yi Mei Bakery Corp., 305 AD2d 579 [2003]). The plaintiff, in opposing the defendant’s motion for summary judgment, failed to demonstrate the existence of any triable issue of fact.

The plaintiffs remaining contention concerning the alleged spoliation of evidence is without merit. Santucci, J.P., Dickerson, Eng and Chambers, JJ., concur.

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Bluebook (online)

70 A.D.3d 773, 892 N.Y.S.2d 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haque-v-reade-inc-nyappdiv-2010.

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