Vargovich v. American Equity Advisors, Inc.

Appellate Division of the Supreme Court of New York

Vargovich v. American Equity Advisors, Inc.

222 A.D.2d 1116, 636 N.Y.S.2d 710, 1995 N.Y. App. Div. LEXIS 14273

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

DecidedDecember 22, 1995

StatusPublished

This text of 222 A.D.2d 1116 (Vargovich v. American Equity Advisors, 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

Vargovich v. American Equity Advisors, Inc., 222 A.D.2d 1116, 636 N.Y.S.2d 710, 1995 N.Y. App. Div. LEXIS 14273 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Order unanimously affirmed with costs. Memorandum: In this slip-and-fall case, Supreme Court properly granted summary judgment to defendant American Equity Advisors, Inc., also known as Marine Buffalo Associates (Marine). There is no evidence that Marine had either active or constructive notice of the allegedly dangerous condition causing plaintiff’s injury or that it had created that dangerous condition (see, Eddy v Tops Friendly Mkts., 91 AD2d 1203, affd 59 NY2d 692). The court also properly denied the motions for summary judgment of defendants Held’s Janitorial Services, Inc. and M & T Rug Cleaners, Inc. Those defendants failed to establish that they did not create the allegedly dangerous condition (see, Ciesinski v Town of Aurora, 202 AD2d 984, 984-985). (Appeals from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.) Present — Green, J; P., Pine, Fallon, Callahan and Davis, JJ.

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—Order unanimously affirmed with costs. Memorandum: In this slip-and-fall case, Supreme Court properly granted summary judgment to defendant American Equity Advisors, Inc., also known as Marine Buffalo Associates (Marine). There is no evidence that Marine had either active or constructive notice of the allegedly dangerous condition causing plaintiff’s injury or that it had created that dangerous condition (see, Eddy v Tops Friendly Mkts., 91 AD2d 1203, affd 59 NY2d 692). The court also properly denied the motions for summary judgment of defendants Held’s Janitorial Services, Inc. and M & T Rug Cleaners, Inc. Those defendants failed to establish that they did not create the allegedly dangerous condition (see, Ciesinski v Town of Aurora, 202 AD2d 984, 984-985). (Appeals from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.) Present — Green, J; P., Pine, Fallon, Callahan and Davis, JJ.

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Bluebook (online)

222 A.D.2d 1116, 636 N.Y.S.2d 710, 1995 N.Y. App. Div. LEXIS 14273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vargovich-v-american-equity-advisors-inc-nyappdiv-1995.

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