Mohamed v. Woolworth

Appellate Division of the Supreme Court of New York

Mohamed v. Woolworth

268 A.D.2d 347, 700 N.Y.S.2d 831, 2000 N.Y. App. Div. LEXIS 745

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

DecidedJanuary 25, 2000

StatusPublished

This text of 268 A.D.2d 347 (Mohamed v. Woolworth) 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

Mohamed v. Woolworth, 268 A.D.2d 347, 700 N.Y.S.2d 831, 2000 N.Y. App. Div. LEXIS 745 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 15, 1999, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, defendant’s motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Summary judgment should have been granted in light of defendant’s prima facie showing of entitlement to judgment as a matter of law, and plaintiff’s failure, in response thereto, to come forward with proof in evidentiary form sufficient to raise an issue of fact as to whether the defendant created or had actual or constructive notice of the muddy leaf or leaves on the public stairway in defendant’s East 14th Street store alleged by plaintiff to have caused her to slip and fall. Concur— Nardelli, J. P., Williams, Ellerin, Rubin and Andrias, JJ.

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—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 15, 1999, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, defendant’s motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Summary judgment should have been granted in light of defendant’s prima facie showing of entitlement to judgment as a matter of law, and plaintiff’s failure, in response thereto, to come forward with proof in evidentiary form sufficient to raise an issue of fact as to whether the defendant created or had actual or constructive notice of the muddy leaf or leaves on the public stairway in defendant’s East 14th Street store alleged by plaintiff to have caused her to slip and fall. Concur— Nardelli, J. P., Williams, Ellerin, Rubin and Andrias, JJ.

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Bluebook (online)

268 A.D.2d 347, 700 N.Y.S.2d 831, 2000 N.Y. App. Div. LEXIS 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohamed-v-woolworth-nyappdiv-2000.