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PERRONE v. WALDBAUM, INC.

252 A.D.2d 517 (1998)

675 N.Y.S.2d 294

Joseph Perrone, Appellant, v. Waldbaum, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 13, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment, as the defendant demonstrated that it was entitled to that relief as a matter of law. The plaintiff was required to demonstrate that an issue of fact existed that the defendant either created the defect which caused him to fall, or had actual or constructive notice of it (see, Piacquadio...

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