Sapienza v. Columbus Club of New Hyde Park, Inc.

Appellate Division of the Supreme Court of New York

Sapienza v. Columbus Club of New Hyde Park, Inc.

282 A.D.2d 597, 723 N.Y.S.2d 392, 2001 N.Y. App. Div. LEXIS 3754

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

DecidedApril 16, 2001

StatusPublished

This text of 282 A.D.2d 597 (Sapienza v. Columbus Club of New Hyde Park, 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

Sapienza v. Columbus Club of New Hyde Park, Inc., 282 A.D.2d 597, 723 N.Y.S.2d 392, 2001 N.Y. App. Div. LEXIS 3754 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), dated December 7, 2000, as granted those branches of the defendants’ respective motions which were for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, those branches of the motions which were for summary judgment dismissing the complaint are denied, and the complaint is reinstated.

The injured plaintiff alleges that she slipped and fell as a result of liquid on a dance floor. In opposition to the defendants’ prima facie case for summary judgment, the plaintiffs raised triable issues of fact as to whether the defendants had actual and/or constructive notice of the liquid, and failed to remedy the condition (see, Diaz v West 197th St. Realty Corp., 269 AD2d 327). Accordingly, summary judgment is denied. O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), dated December 7, 2000, as granted those branches of the defendants’ respective motions which were for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, those branches of the motions which were for summary judgment dismissing the complaint are denied, and the complaint is reinstated.

The injured plaintiff alleges that she slipped and fell as a result of liquid on a dance floor. In opposition to the defendants’ prima facie case for summary judgment, the plaintiffs raised triable issues of fact as to whether the defendants had actual and/or constructive notice of the liquid, and failed to remedy the condition (see, Diaz v West 197th St. Realty Corp., 269 AD2d 327). Accordingly, summary judgment is denied. O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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Bluebook (online)

282 A.D.2d 597, 723 N.Y.S.2d 392, 2001 N.Y. App. Div. LEXIS 3754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sapienza-v-columbus-club-of-new-hyde-park-inc-nyappdiv-2001.

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