Sims v. Waldbaum, Inc.

Appellate Division of the Supreme Court of New York

Sims v. Waldbaum, Inc.

246 A.D.2d 642, 666 N.Y.S.2d 965, 1998 N.Y. App. Div. LEXIS 604

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

DecidedJanuary 26, 1998

StatusPublished

Cited by1 cases

This text of 246 A.D.2d 642 (Sims v. Waldbaum, 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

Sims v. Waldbaum, Inc., 246 A.D.2d 642, 666 N.Y.S.2d 965, 1998 N.Y. App. Div. LEXIS 604 (N.Y. Ct. App. 1998).

Pincite

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Mastro, J.), entered January 10, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment inasmuch as there is no evidence that the defendant created the dangerous condition or had actual notice of it. Further, the plaintiffs failed to raise an issue of fact as to whether the defendant had constructive notice (see, Cuddy v Waldbaum, Inc., 230 AD2d 703). Ritter, J. P., Altman, Friedmann and Luciano, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Mastro, J.), entered January 10, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment inasmuch as there is no evidence that the defendant created the dangerous condition or had actual notice of it. Further, the plaintiffs failed to raise an issue of fact as to whether the defendant had constructive notice (see, Cuddy v Waldbaum, Inc., 230 AD2d 703). Ritter, J. P., Altman, Friedmann and Luciano, JJ., concur.

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Bluebook (online)

246 A.D.2d 642, 666 N.Y.S.2d 965, 1998 N.Y. App. Div. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-waldbaum-inc-nyappdiv-1998.

Opinion

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