Santora v. Costco Wholesale Corp.

5 Citing cases

  1. Johnson v. Starbucks Corp.

    690 F. Supp. 3d 251 (S.D.N.Y. 2023)   Cited 1 times

    Such is its burden on this motion.See Celotex, 477 U.S. at 325, 106 S.Ct. 2548 ("[T]he burden on the moving party may be discharged by 'showing'—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party's case."); cf. Santora v. Costco Wholesale Corp., No. 17 Civ. 4415 (CS), 2018 WL 5886442, at *3 (S.D.N.Y. Nov. 8, 2018) (if the defendant, as the moving party, can point to the absence of evidence that it caused or had notice of the hazard, then it may "thereby shift the burden to the Plaintiff to create an issue for trial through specific factual assertions"). And Johnson has adduced proof, including prior acts of violence, on which a jury could find the attack on him foreseeable, giving rise to a duty on Starbucks's part to afford patrons greater protections.

  2. Panagatos v. PetSmart, Inc.

    18-cv-5032 (SJF) (AKT) (E.D.N.Y. Dec. 14, 2020)   Cited 2 times
    Finding no triable issue where there was “no evidence that anyone mopped the floor that day at any time prior to Plaintiff's accident”

    "In other words, in federal court the absence of evidence at the summary judgment stage redounds to the detriment of the plaintiff, not the defendant." Santora v. Costco Wholesale Corp., No. 17-cv-4415, 2018 WL 5886442, at *3 (S.D.N.Y. Nov. 8, 2018). Summary judgment is warranted if "the record contains no evidence establishing a genuine issue of material fact with respect to causation, actual notice or constructive notice."

  3. Breitenbucher v. Wal-Mart Stores

    17-CV-6633 (RRM) (AYS) (E.D.N.Y. May. 18, 2020)   Cited 1 times

    Further, courts in the Second Circuit regularly grant summary judgment for defendants and find that a hazard was not visible and apparent when the plaintiff did not see the defect prior to her fall. See e.g., Santora v. Costco Wholesale Corp., No. 17-CV-4415 (CS), 2018 WL 5886442, at *4 (S.D.N.Y. Nov. 8, 2018) (granting summary judgment for defendants where there was "no evidence that anyone, including Plaintiff, observed the spill before Plaintiff slipped"); Watts, 2018 WL 1626169, at *6; Decker, 2017 WL 568761, at *7; cf. Urrutia, 681 F. App'x at 102-04 (vacating an award of summary judgment for the defendant where the plaintiff testified that she saw liquid on the defendant store's floor and told her son about it before she fell). Here, Breitenbucher has not presented facts that would allow a reasonable jury to find that the spec sheet was visible and apparent.

  4. Contreras v. Wal-Mart Stores E., LP

    Case No.: 18-cv-3589 (SJF)(ST) (E.D.N.Y. Mar. 24, 2020)   Cited 2 times

    "In other words, in federal court the absence of evidence at the summary judgment stage redounds to the detriment of the plaintiff, not the defendant." Santora v. Costco Wholesale Corp., No. 17-cv-4415, 2018 WL 5886442, at *3 (S.D.N.Y. Nov. 8, 2018). C. Negligence Under New York State Law

  5. Haxton v. PL Smithtown, LLC

    Case No.: 17-cv-3979 (SJF)(SIL) (E.D.N.Y. Mar. 16, 2020)   Cited 2 times

    In other words, in federal court the absence of evidence at the summary judgment stage redounds to the detriment of the plaintiff, not the defendant.Santora v. Costco Wholesale Corp., No. 17-cv-4415, 2018 WL 5886442, at *3 (S.D.N.Y. Nov. 8, 2018); Stephanides v. B.J. Wholesale Club, Inc., No. 12-cv-083, 2013 WL 16994901, at *3 (E.D.N.Y. Apr. 18, 2013)("A plaintiff seeking to establish a prima facie case of negligence must show: (1) the defendant owed a duty to the plaintiff to exercise reasonable care; (2) the defendant breached that duty; and (3) the plaintiff was injured as a result of the defendant's breach." (citation omitted)).