Law Offices of Gary E. Rosenberg, P.C. Firm Overview Attorney Profiles Personal Injury Newsletters Contact Us
Brooklyn Personal Injury Lawyer
Find the truth about personal injury & car accident cases
Find out about the 8 things you need to know before pursuing your claim
Read some of our firm's victories
blog center

Personal Injury

Types of Accidents
Types of Accidents
Bicycle Accidents
Boat & Ferry Accidents
Bus Accidents
Car Accidents
Construction Accidents
Defective Products
Drug and Alcohol Related Accidents
Electric Shock/Electrocution
Elevator Accidents
Escalator Accidents
Medical Malpractice
Motorcycle Accidents
Pedestrian Accidents
Public Transportation
Sidewalk Accidents
Slip / Trip and Fall Accidents
Toxic Torts
Train Accidents
Truck Accidents
Workplace Accidents
Types of Injuries
Types of Injuries
Airbag Injuries
Amputation Injuries
Back Injuries
Birth Injuries
Brain Injury
Broken Bones
Burn Injuries
Child Lead Poisoning
Crush Injury to Body
Eye Injuries
Fracture Injuries
Head Injuries
Hearing Loss (Deafness)
Herniated Discs
Internal Injuries
Knee Injuries
Neck Injuries
Nerve Damage
Road Rash
Shoulder Injuries
Soft Tissue Damage
Spinal Cord Injuries
TMJ Disorder * Jaw Disorder
Whiplash Injury
Wrongful Death

free special reports


Court: Court, Appellate Division, First Department, New York

Case: Vazquez v. Genovese Drug Stores, Inc.

Date: Oct. 6, 2011

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens Bronx; Queens injury lawyer)

Comment: Plaintiff/accident-victim tripped on a rug in a Genovese Drug Store. There was no evidence of notice to the defendant that the rug was defective and that defendant knew or should have known about it. Without "notice," defendant's summary judgment motion wins and its case is dismissed.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 2, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs allege that Ana Maria Vazquez was injured when she tripped and fell over a raised portion of a rug in the entranceway of defendant's drugstore. At her deposition, she testified that everything looked "normal," and that she did not see the raised portion until she looked at the rug after her fall.

On summary judgment, defendant demonstrated prima facie entitlement to judgment as a matter of law by showing that it neither created nor had actual notice of any hazardous condition concerning the rug or its placement or that the alleged defect had been visible and apparent for sufficient time to permit defendant to discover and remedy it. Since there was no evidence of a defective condition concerning the rug, defendant, on summary judgment, was not required to offer evidence as to when it last inspected the rug (see e.g. Wellington v. Manmall, LLC, 70 A.D.3d 401, 894 N.Y.S.2d 396 [2010] ). In opposition, plaintiffs failed to adduce evidence raising any genuine triable issue of fact (see Kwitny v. Westchester Towers Owners Corp., 47 A.D.3d 495, 850 N.Y.S.2d 68 [2008] ). Plaintiff husband's affidavit as to the condition of the rug and its placement was insufficient to do so, inasmuch as his observations at the accident scene were made only after the accident occurred. We have considered plaintiffs' remaining arguments and find them unavailing.

Order one of our free books
Contact Us
Are you a new client?
Read helpful information in our blog

Avvo Clients' Choice Award 2012

Review Our Site


Attorney Web Design
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Law Offices of Gary E. Rosenberg, P.C. - Queens Personal Injury Attorney
Located at 61-43 186th Street, Suite 524 Fresh Meadows, NY 11365. View Map
Phone: (718) 520-8787