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Connizzo v. K-Mart Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 2002
290 A.D.2d 527 (N.Y. App. Div. 2002)

Opinion

2000-11108

Argued January 17, 2002.

January 28, 2002.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Molia, J.), entered November 2, 2000, which, upon an order of the same court entered April 26, 2000, granting the motion of the defendant K-Mart Corporation for summary judgment dismissing the complaint insofar as asserted against it, dismissed the complaint insofar as asserted against that defendant.

Efman Obedin, Central Islip, N.Y. (Glenn A. Obedin of counsel), for appellants.

Chesney Murphy, LLP (Lysaght Russo, P.C., Rockville Centre, N.Y. [Michelle S. Russo] of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.


ORDERED that the judgment is affirmed, with costs.

The respondent made a prima facie showing of entitlement to judgment as a matter of law by establishing that it did not create or have actual or constructive notice of the oil spill upon which the injured plaintiff allegedly slipped and fell (see, CPLR 3212[b]). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the respondent's motion for summary judgment dismissing the complaint insofar as asserted against it.

FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.


Summaries of

Connizzo v. K-Mart Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 2002
290 A.D.2d 527 (N.Y. App. Div. 2002)
Case details for

Connizzo v. K-Mart Corp.

Case Details

Full title:ALFRED CONNIZZO, ET AL., appellants, v. K-MART CORPORATION, respondent, ET…

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

Date published: Jan 28, 2002

Citations

290 A.D.2d 527 (N.Y. App. Div. 2002)
736 N.Y.S.2d 614

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