Hoffman v. Second Beach Hills Corp.

Appellate Division of the Supreme Court of New York

Hoffman v. Second Beach Hills Corp.

304 A.D.2d 716, 757 N.Y.S.2d 796

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 21, 2003

StatusPublished

Cited by1 cases

This text of 304 A.D.2d 716 (Hoffman v. Second Beach Hills Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoffman v. Second Beach Hills Corp., 304 A.D.2d 716, 757 N.Y.S.2d 796 (N.Y. Ct. App. 2003).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated May 10, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

To prevail in a slip and fall case, a plaintiff must demonstrate that the defendant either created the condition which caused the accident, or had actual or constructive notice of it. To constitute constructive notice, a defect must be visible and apparent, and must exist for a sufficient length of time before the accident to permit the defendant to discover and remedy it (see Gordon v American Museum of Natural History, 67 NY2d 836 [1986]). In this case, there was no evidence that the defendant created the defect nor was there any evidence that the defendant had actual or constructive notice thereof. In opposition to the defendant’s establishment of a prima facie case for summary judgment, the plaintiff failed to raise a triable issue of fact. Santucci, J.P., Schmidt, Adams and Cozier, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated May 10, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

To prevail in a slip and fall case, a plaintiff must demonstrate that the defendant either created the condition which caused the accident, or had actual or constructive notice of it. To constitute constructive notice, a defect must be visible and apparent, and must exist for a sufficient length of time before the accident to permit the defendant to discover and remedy it (see Gordon v American Museum of Natural History, 67 NY2d 836 [1986]). In this case, there was no evidence that the defendant created the defect nor was there any evidence that the defendant had actual or constructive notice thereof. In opposition to the defendant’s establishment of a prima facie case for summary judgment, the plaintiff failed to raise a triable issue of fact. Santucci, J.P., Schmidt, Adams and Cozier, JJ., concur.

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Bluebook (online)

304 A.D.2d 716, 757 N.Y.S.2d 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-second-beach-hills-corp-nyappdiv-2003.

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