Patrissi v. Wood

Appellate Division of the Supreme Court of New York

Patrissi v. Wood

205 A.D.2d 830, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5831

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

DecidedJune 2, 1994

StatusPublished

This text of 205 A.D.2d 830 (Patrissi v. Wood) 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

Patrissi v. Wood, 205 A.D.2d 830, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5831 (N.Y. Ct. App. 1994).

Pincite

Opinion

Appeal from an order of the Supreme Court (Lynch, J.), entered April 6, 1993 in Schenectady County, which denied defendants’ motion for summary judgment dismissing the complaint.

In this slip and fall case, even if it is accepted that defendants made a prima facie showing that they neither created the condition causing plaintiff’s fall nor had actual or constructive notice of its existence, plaintiff nevertheless satisfied his burden of coming forward with evidentiary proof sufficient to raise a triable issue of fact on these issues. Supreme Court, therefore, properly denied defendants’ motion for summary judgment dismissing the complaint.

[831]*831Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Appeal from an order of the Supreme Court (Lynch, J.), entered April 6, 1993 in Schenectady County, which denied defendants’ motion for summary judgment dismissing the complaint.

In this slip and fall case, even if it is accepted that defendants made a prima facie showing that they neither created the condition causing plaintiff’s fall nor had actual or constructive notice of its existence, plaintiff nevertheless satisfied his burden of coming forward with evidentiary proof sufficient to raise a triable issue of fact on these issues. Supreme Court, therefore, properly denied defendants’ motion for summary judgment dismissing the complaint.

[831]*831Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

205 A.D.2d 830, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrissi-v-wood-nyappdiv-1994.