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GILLIAM v. CASTLE

8 A.D.3d 428 (2004)

780 N.Y.S.2d 18

ADRIENNE GILLIAM, Respondent, v. WHITE CASTLE, Appellant.

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

June 14, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant established its prima facie entitlement to judgment as a matter of law through evidence that it neither created the condition that allegedly caused the plaintiff to fall, nor had actual or constructive knowledge thereof (see Galietta v New York Sports Club, 4 A.D.3d 449, 450 [2004]). In opposition...

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