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Wallace v. Goodstein Management, LLC

48 A.D.3d 319, 851 N.Y.S.2d 516
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 21, 2008
StatusPublished
Cited by2 cases

This text of 48 A.D.3d 319 (Wallace v. Goodstein Management, LLC) 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
Wallace v. Goodstein Management, LLC, 48 A.D.3d 319, 851 N.Y.S.2d 516 (N.Y. Ct. App. 2008).

Opinion

Order, Supreme Court, New York County (Karen S. Smith, J.), entered September 18, 2006, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to demonstrate their entitlement to judgment by showing that they did not have notice of the ice on the porch on which plaintiff slipped in time to remedy the situation (see Pacheco v Fifteen Twenty Seven Assoc., 275 AD2d 282, 283-284 [2000]; Simmons v Metropolitan Life Ins. Co., 207 AD2d 290, 291 [1994], affd 84 NY2d 972 [1994]). Ice could have formed sufficiently in advance of the accident to place defendants on notice of the hazardous condition in time to rectify it. Concur— Lippman, P.J., Andrias, Nardelli, Buckley and Acosta, JJ.

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Related

Castillo v. New York City Department of Education
30 Misc. 3d 175 (New York Supreme Court, 2010)
Santiago v. New York City Health and Hospitals Corp.
66 A.D.2d 435 (Appellate Division of the Supreme Court of New York, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
48 A.D.3d 319, 851 N.Y.S.2d 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-goodstein-management-llc-nyappdiv-2008.