Schiano v. Mijul, Inc.
| Decision Date | 07 December 2010 |
| Citation | 912 N.Y.S.2d 134,79 A.D.3d 726 |
| Parties | Anthony SCHIANO, respondent, v. MIJUL, INC., et al., appellants. |
| Court | New York Supreme Court — Appellate Division |
Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York, N.Y. (Vanessa M. Corchia of counsel), for appellants.
Strazzullo Law Firm, P.C., Staten Island, N.Y. (Salvatore Strazzullo and Gail M. Blasie of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, L. PRISCILLA HALL, and SHERI S. ROMAN, JJ.
In an action to recover damages for personal injuries, the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), entered June 5, 2009, as denied that branch of their motion which was for summary judgment dismissing the complaint, and (2) from an order of the same court entered October 20, 2009, which denied those branches of their motion which were for leave to renew and reargue that branch of their prior motion which was for summary judgment dismissing the complaint.
ORDERED that one bill of costs is awarded to the plaintiff.
After eating breakfast at the defendants' restaurant, the plaintiff allegedly sustained personal injuries when he slipped and fell on a greasy substance while walking through the "drive-thru" area outside the restaurant. The complaint alleged that the defendants negligently maintained the premises. After issue was joined, the defendants moved, inter alia, for summary judgment dismissing the complaint.
" 'A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it' " ( Braudy v. Best Buy Co., Inc., 63 A.D.3d 1092, 1092, 883 N.Y.S.2d 90, quoting Curtis v. Dayton Beach Park No. 1 Corp., 23 A.D.3d 511, 512, 806 N.Y.S.2d 664). "To meet its initial burden on the issue of ... constructive notice, the defendant must offer some evidence as to when...
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