Brener v. Queens Blvd. Extended Care Facility Corp.

Summary

The Appellate Division, Second Department, reversed an order denying defendants' motion for summary judgment in a personal-injury action arising from the plaintiff's slip and fall in a skilled nursing facility. The court held that defendants established there was no negligent application of floor wax and that the plaintiff failed to raise a triable issue of fact. The complaint was therefore dismissed.

Holdings

1. Defendants established prima facie entitlement to judgment as a matter of law by demonstrating that there was no negligent application of wax to the floor, and the plaintiff failed to raise a triable issue of fact.
2. The plaintiff's affidavit was insufficient to defeat summary judgment because it merely raised feigned issues of fact designed to avoid the consequences of her earlier deposition testimony.

Questions Presented

1. Whether defendants established entitlement to summary judgment by demonstrating that there was no negligent application of wax and no dangerous condition on the floor.
2. Whether the plaintiff's opposing affidavit raised a triable issue of fact or merely created feigned issues inconsistent with her prior deposition testimony.
3. Whether questions concerning notice were relevant when the plaintiff failed to establish the existence of a dangerous condition.

Disposition

reversed