Yu Zhen Chen v. King Star Restaurant, Inc.

Appellate Division of the Supreme Court of New York

Yu Zhen Chen v. King Star Restaurant, Inc.

124 A.D.3d 642, 997 N.Y.S.2d 909

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

DecidedJanuary 14, 2015

Docket2014-01437

StatusPublished

This text of 124 A.D.3d 642 (Yu Zhen Chen v. King Star Restaurant, 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

Yu Zhen Chen v. King Star Restaurant, Inc., 124 A.D.3d 642, 997 N.Y.S.2d 909 (N.Y. Ct. App. 2015).

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Opinion

In an action to recover damages for personal injuries, the defendant King Star Restaurant, Inc., appeals from an order of the Supreme Court, Kings County (Battaglia, J.), entered November 29, 2013, which denied its renewed motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when a floral arch fell on top of her while she was sitting at a table during a wedding reception held at a restaurant owned by the defendant King Star Restaurant, Inc. (hereinafter King Star).

A landowner has a duty to maintain his or her property in a reasonably safe manner to prevent foreseeable injuries (see Peralta v Henriquez, 100 NY2d 139 [2003]; see also Basso v Miller, 40 NY2d 233 [1976]). To demonstrate its prima facie entitlement to judgment as a matter of law, King Star was required to establish that it maintained the premises in a reasonably safe condition and that it did not create a dangerous or defective condition on the property or have either actual or constructive notice of a dangerous or defective condition for a sufficient length of time to remedy it (see Rendon v Broadway Plaza Assoc. Ltd. Partnership, 109 AD3d 975 [2013]; Villano v Strathmore Terrace Homeowners Assn., Inc., 76 AD3d 1061 [2010]). Here, in support of its renewed motion, King Star failed to establish, prima facie, that it lacked constructive notice of the alleged defective condition of the floral arch. Since King Star failed to meet its initial burden, it is unnecessary to consider the sufficiency of the plaintiffs opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).

King Star’s remaining contention is without merit.

Accordingly, the Supreme Court properly denied King Star’s motion for summary judgment dismissing the complaint insofar as asserted against it.

Balkin, J.E, Cohen, Duffy and LaSalle, JJ., concur.

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In an action to recover damages for personal injuries, the defendant King Star Restaurant, Inc., appeals from an order of the Supreme Court, Kings County (Battaglia, J.), entered November 29, 2013, which denied its renewed motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when a floral arch fell on top of her while she was sitting at a table during a wedding reception held at a restaurant owned by the defendant King Star Restaurant, Inc. (hereinafter King Star).

A landowner has a duty to maintain his or her property in a reasonably safe manner to prevent foreseeable injuries (see Peralta v Henriquez, 100 NY2d 139 [2003]; see also Basso v Miller, 40 NY2d 233 [1976]). To demonstrate its prima facie entitlement to judgment as a matter of law, King Star was required to establish that it maintained the premises in a reasonably safe condition and that it did not create a dangerous or defective condition on the property or have either actual or constructive notice of a dangerous or defective condition for a sufficient length of time to remedy it (see Rendon v Broadway Plaza Assoc. Ltd. Partnership, 109 AD3d 975 [2013]; Villano v Strathmore Terrace Homeowners Assn., Inc., 76 AD3d 1061 [2010]). Here, in support of its renewed motion, King Star failed to establish, prima facie, that it lacked constructive notice of the alleged defective condition of the floral arch. Since King Star failed to meet its initial burden, it is unnecessary to consider the sufficiency of the plaintiffs opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).

King Star’s remaining contention is without merit.

Accordingly, the Supreme Court properly denied King Star’s motion for summary judgment dismissing the complaint insofar as asserted against it.

Balkin, J.E, Cohen, Duffy and LaSalle, JJ., concur.

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Bluebook (online)

124 A.D.3d 642, 997 N.Y.S.2d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yu-zhen-chen-v-king-star-restaurant-inc-nyappdiv-2015.

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