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Simmons v. Metropolitan Life Insurance Company

Court of Appeals of the State of New York
Dec 13, 1994
84 N.Y.2d 972 (N.Y. 1994)

Summary

finding no constructive notice where no evidence of origin or duration of patch of ice on which plaintiff slipped

Summary of this case from Rodriguez v. American Restaurant

Opinion

Decided December 13, 1994

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Loren N. Brown, J.

Seligson, Rothman Rothman, New York City (Martin S. Rothman of counsel), for appellants.

Carol R. Finocchio, New York City, for third-party plaintiff-respondent.

Michael Majewski, Mineola, for third-party defendant-respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The evidence presented at trial, even when considered in a light most favorable to plaintiffs, fails to establish a prima facie case of negligence. Although plaintiffs presented evidence that icy patches had been noticed weeks prior to the accident, no testimony was introduced that defendant was notified of these icy conditions. Additionally, no evidence was introduced as to the origin of the patch of ice on which plaintiff allegedly slipped and whether defendant had sufficient time to remedy the dangerous condition. The testimony that it had snowed a week prior to the accident was insufficient to establish notice because no evidence was introduced that the ice upon which plaintiff allegedly fell was a result of that particular snow accumulation. In light of the record evidence, the Appellate Division properly held that the jury's conclusion that defendant had constructive notice was irrational and based on pure speculation.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.


Summaries of

Simmons v. Metropolitan Life Insurance Company

Court of Appeals of the State of New York
Dec 13, 1994
84 N.Y.2d 972 (N.Y. 1994)

finding no constructive notice where no evidence of origin or duration of patch of ice on which plaintiff slipped

Summary of this case from Rodriguez v. American Restaurant

affirming dismissal of complaint where there was no evidence "as to the origin of the patch of ice on which plaintiff allegedly slipped and whether defendant had sufficient time to remedy the dangerous condition."

Summary of this case from Tedesco v. Norfolk Southern Corp.

reversing Appellate Division's finding that defendant had constructive notice of icy condition as "irrational and based on pure speculation" because only testimony supporting finding was that it had snowed a week prior to the accident, and there was no evidence connecting the ice upon which plaintiff fell to that snow accumulation

Summary of this case from Haskin v. United States, Andifred Realty Corp.

In Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972, 646 N.E.2d 798, 622 N.Y.S.2d 496 (1994), the New York Court of Appeals considered a case similar to the one now before the Court.

Summary of this case from Siggelko v. Kohl's Department Stores, Inc.
Case details for

Simmons v. Metropolitan Life Insurance Company

Case Details

Full title:LIGE SIMMONS et al., Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY…

Court:Court of Appeals of the State of New York

Date published: Dec 13, 1994

Citations

84 N.Y.2d 972 (N.Y. 1994)
622 N.Y.S.2d 496
646 N.E.2d 798

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