§Why CasetextPricing

Leonard Hutchinson, Appellant,v.Sheridan Hill House Corp., Respondent.

Brief

33 Cited authorities

  1. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 3,225 times
    Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall

  2. Trincere v. County of Suffolk

    90 N.Y.2d 976 (N.Y. 1997)   Cited 1,010 times
    Holding that injuries resulting from trivial defects not actionable

  3. Basso v. Miller

    40 N.Y.2d 233 (N.Y. 1976)   Cited 1,942 times
    Holding that under New York law, a landowner has a duty to maintain his property in a reasonably safe condition considering all of the circumstances including the likelihood and seriousness of the injury, and the burden of avoiding the risk

  4. Grasso v. Angerami

    79 N.Y.2d 813 (N.Y. 1991)   Cited 838 times
    Holding that when plaintiff submits proof of "serious injury" in inadmissible form, "an acceptable excuse for the deficiency [must be] offered"

  5. Kearse v. New York City Transit Authority

    16 A.D.3d 45 (N.Y. App. Div. 2005)   Cited 527 times
    In Kearse v. New York City Tr. Auth. (16 AD3d 45, 51), the Appellate Division, Second Department, held that affirmed medical reports prepared by the defendants' doctors which referred to an unaffirmed magnetic imaging report prepared by plaintiff's doctor were sufficient to establish defendants' prima facie entitlement to summary judgment.

  6. Kraemer v. K-Mart Corporation

    226 A.D.2d 590 (N.Y. App. Div. 1996)   Cited 141 times

    April 22, 1996 Appeal from the Supreme Court, Nassau County (O'Connell, J.). Ordered that the order is affirmed, without costs or disbursements. In order for a plaintiff in a slip and fall case to establish a prima facie case of negligence, the plaintiff must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition ( see, Eddy v. Tops Friendly Mkts., 91 A.D.2d 1203, affd 59 N.Y.2d 692; Bykofsky v. Waldbaum's

  7. Goldman v. Waldbaum, Inc.

    248 A.D.2d 436 (N.Y. App. Div. 1998)   Cited 127 times

    March 9, 1998 Appeal from the Supreme Court, Suffolk County (Doyle, J.). Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed. The plaintiffs commenced the instant action to recover damages for personal injuries, etc., allegedly suffered by the plaintiff Ruth Goldman when she slipped and fell on water near the lettuce display in the produce aisle of a supermarket owned by the appellant Waldbaum, Inc., d/b/a Waldbaum's (hereinafter Waldbaum)

  8. Argenio v. Metropolitan Transportation

    277 A.D.2d 165 (N.Y. App. Div. 2000)   Cited 111 times
    Finding two inch wide, two inch long, one quarter inch deep walkway depression in crowded pedestrian walkway in Grand Central Station actionable

  9. Schenpanski v. Promise Deli Inc.

    88 A.D.3d 982 (N.Y. App. Div. 2011)   Cited 66 times

    2011-10-25 John SCHENPANSKI, et al., appellants,v.PROMISE DELI, INC., et al., respondents. Gruenberg & Kelly, P.C., Ronkonkoma, N.Y. (John Aviles of counsel), for appellants.Carman, Callahan & Ingham, LLP, Farmingdale, N.Y. (Michael M. Burkart of counsel), for respondent Promise Deli, Inc.Robert J. Cava P.C., West Babylon, N.Y., for respondent Cliff Realty Corp. PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, and ROBERT J. MILLER, JJ. Gruenberg & Kelly, P.C., Ronkonkoma, N.Y. (John Aviles

  10. Milewski v. Wash. Mut. Inc.

    88 A.D.3d 853 (N.Y. App. Div. 2011)   Cited 66 times
    Applying New York's "trivial defect" rule, which eschews the per se approach and instead requires the trial court to determine, in light of the totality of circumstances, whether the defect at issue should be deemed trivial as a matter of law