Beary v. Waterview Nursing Care Center

Full title: LEN BEARY, Appellant, v. WATERVIEW NURSING CARE CENTER, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 8, 1997

242 A.D.2d 516 (N.Y. App. Div. 1997)

662 N.Y.S.2d 270

Opinion

September 8, 1997

Appeal from Supreme Court, Queens County (Posner, J.).

Ordered that the order is affirmed, with costs.

In this so-called "slip and fall" case, the defendant made out a prima facie case that it did not create the condition which caused the accident or that it did not have actual or constructive notice of that condition ( see, Kane v. Human Serv. Ctr., 186 A.D.2d 539). In his opposition to the defendant's motion for summary judgment the plaintiff has failed to rebut this showing. Moreover, since there was only hope and speculation as to what additional discovery would uncover, the court properly granted the defendant's motion for summary judgment ( see, Mazzaferro v. Barterama Corp., 218 A.D.2d 643).

Copertino, J.P., Thompson, Friedmann and Florio, JJ., concur.