Kim v. Wing Heumg Noodle, Inc.

Appellate Division of the Supreme Court of New York

Kim v. Wing Heumg Noodle, Inc.

249 A.D.2d 451, 671 N.Y.S.2d 303, 1998 N.Y. App. Div. LEXIS 4266

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

DecidedApril 20, 1998

StatusPublished

This text of 249 A.D.2d 451 (Kim v. Wing Heumg Noodle, 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

Kim v. Wing Heumg Noodle, Inc., 249 A.D.2d 451, 671 N.Y.S.2d 303, 1998 N.Y. App. Div. LEXIS 4266 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated May 9, 1997, which denied their motion for summary judgment dismissing the first and fourth causes of action asserted in the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants’ motion since there is a question of fact as to whether they had constructive notice of the condition which allegedly caused the injured plaintiff to fall (see, Salaam v City of New York, 226 AD2d 173). Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated May 9, 1997, which denied their motion for summary judgment dismissing the first and fourth causes of action asserted in the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants’ motion since there is a question of fact as to whether they had constructive notice of the condition which allegedly caused the injured plaintiff to fall (see, Salaam v City of New York, 226 AD2d 173). Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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Bluebook (online)

249 A.D.2d 451, 671 N.Y.S.2d 303, 1998 N.Y. App. Div. LEXIS 4266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kim-v-wing-heumg-noodle-inc-nyappdiv-1998.

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