Thatcher v. Waldbaums, Inc.

Appellate Division of the Supreme Court of New York

Thatcher v. Waldbaums, Inc.

221 A.D.2d 519, 634 N.Y.S.2d 401, 1995 N.Y. App. Div. LEXIS 12008

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

DecidedNovember 20, 1995

StatusPublished

Cited by1 cases

This text of 221 A.D.2d 519 (Thatcher v. Waldbaums, 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

Thatcher v. Waldbaums, Inc., 221 A.D.2d 519, 634 N.Y.S.2d 401, 1995 N.Y. App. Div. LEXIS 12008 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 12, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact as to whether the defendant created, or had actual or constructive notice of, the condition which caused the plaintiff’s fall. Accordingly, summary judgment was properly granted to the defendant (see, Gordon v American Museum of Natural History, 67 NY2d 836; Bashaw v Rite-Aid ofN. Y., 207 AD2d 632; Kane v Human Servs. Ctr., 186 AD2d 539; Benware v Big V Supermarkets, 177 AD2d 846). Mangano, P. J., Miller, Santucci and Hart, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 12, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact as to whether the defendant created, or had actual or constructive notice of, the condition which caused the plaintiff’s fall. Accordingly, summary judgment was properly granted to the defendant (see, Gordon v American Museum of Natural History, 67 NY2d 836; Bashaw v Rite-Aid ofN. Y., 207 AD2d 632; Kane v Human Servs. Ctr., 186 AD2d 539; Benware v Big V Supermarkets, 177 AD2d 846). Mangano, P. J., Miller, Santucci and Hart, JJ., concur.

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Bluebook (online)

221 A.D.2d 519, 634 N.Y.S.2d 401, 1995 N.Y. App. Div. LEXIS 12008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thatcher-v-waldbaums-inc-nyappdiv-1995.

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