Lucas v. Williams
This text of 216 A.D.2d 276 (Lucas v. Williams) 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.
Opinion
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Yoswein, J.), dated March 8, 1993, which granted the motion of the defendant Joyce Williams for summary judgment dismissing the complaint insofar as it is asserted against her.
Ordered that the order is affirmed, with costs.
In this slip-and-fall case, the Supreme Court properly granted the motion of the defendant Joyce Williams for summary judgment dismissing the complaint insofar as it is asserted against her. Williams satisfied her initial burden of establishing that she 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). Balletta, J. P., Miller, Santucci and Altman, JJ., concur.
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Cite This Page — Counsel Stack
216 A.D.2d 276, 627 N.Y.S.2d 979, 1995 N.Y. App. Div. LEXIS 6007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-williams-nyappdiv-1995.