Narrative Opinion Summary
Order unanimously affirmed with costs. The Supreme Court granted summary judgment to defendant American Equity Advisors, Inc., also known as Marine Buffalo Associates, as there was no evidence of either active or constructive notice of the dangerous condition that caused the plaintiff’s injury, nor did Marine create that condition. The court denied the summary judgment motions of defendants Held’s Janitorial Services, Inc. and M. T. Rug Cleaners, Inc., as they failed to demonstrate that they did not create the dangerous condition. The appeals arose from an Order of the Supreme Court, Erie County, presided over by Justice Whelan, with Justices Green, P. Pine, Fallon, Callahan, and Davis concurring.
Legal Issues Addressed
Liability for Creation of Dangerous Conditionsubscribe to see similar legal issues
Application: Defendants who fail to demonstrate that they did not create a dangerous condition are not entitled to summary judgment.
Reasoning: The court denied the summary judgment motions of defendants Held’s Janitorial Services, Inc. and M. T. Rug Cleaners, Inc., as they failed to demonstrate that they did not create the dangerous condition.
Summary Judgment Standardssubscribe to see similar legal issues
Application: The court grants summary judgment when there is no evidence of either active or constructive notice of a dangerous condition, nor evidence that the defendant created the condition.
Reasoning: The Supreme Court granted summary judgment to defendant American Equity Advisors, Inc., also known as Marine Buffalo Associates, as there was no evidence of either active or constructive notice of the dangerous condition that caused the plaintiff’s injury, nor did Marine create that condition.