From Casetext: Smarter Legal Research

Piacquadio v. Recine Realty Corp.

Court of Appeals of the State of New York
Dec 13, 1994
84 N.Y.2d 967 (N.Y. 1994)

Summary

granting defendant judgment on negligent maintenance claim; "liability could be predicated only on failure of defendants to remedy the danger . . . after actual or constructive notice of the condition"

Summary of this case from Perez v. State of New York

Opinion

Argued October 26, 1994

Decided December 13, 1994

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Anita Florio, J.

Kelly Flanagan Hodukavich Goldberg, New York City (William G. Kelly and Carol R. Finocchio of counsel), for appellants.

Profeta Eisenstein, New York City (Fred R. Profeta, Jr., Michael J. Orlofsky and Robert G. Spevack of counsel), for respondents.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

Plaintiff Helen Piacquadio slipped and fell in defendants' restaurant on a terrazzo stair where liquid had accumulated to cover an area approximately 10 inches by 6 inches in size. Nothing in the record establishes that the terrazzo was otherwise dangerous or negligently maintained (see, Kline v Abraham, 178 N.Y. 377). Because a "general awareness" that a dangerous condition may be present is legally insufficient to constitute notice of the particular condition that caused plaintiff's fall (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836, 838; see also, Madrid v City of New York, 42 N.Y.2d 1039), liability could be predicated only on failure of defendants to remedy the danger presented by the liquid after actual or constructive notice of the condition.

The evidence does not establish that defendants had either actual or constructive notice of the hazardous condition that caused plaintiff to slip and fall, and accordingly the complaint should be dismissed.

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

Order reversed, etc.


Summaries of

Piacquadio v. Recine Realty Corp.

Court of Appeals of the State of New York
Dec 13, 1994
84 N.Y.2d 967 (N.Y. 1994)

granting defendant judgment on negligent maintenance claim; "liability could be predicated only on failure of defendants to remedy the danger . . . after actual or constructive notice of the condition"

Summary of this case from Perez v. State of New York

applying same principle to actual notice

Summary of this case from Poirier v. Kohl's Dep't Stores

dismissing a "general awareness argument" as legally insufficient to establish constructive notice, and hold that liability attaches only when a landowner has actual or constructive notice of the specific condition at issue

Summary of this case from Rachelson v. Miller & Miller Realty Co.

dismissing a "general awareness argument" as legally insufficient to establish constructive notice, the Court of Appeals ruled that liability attaches only when a landowner has actual or constructive notice of the specific condition at issue

Summary of this case from Stubis v. Port Auth. of N.Y. N.J.

dismissing a "general awareness argument" as legally insufficient to establish constructive notice, the Court of Appeals ruled that liability attaches only when a landowner has actual or constructive notice of the specific condition at issue

Summary of this case from DiGIROLAMO v. ABM JANITORIAL SERVICES

dismissing a “general awareness argument” as legally insufficient to establish constructive notice, the Court of Appeals ruled that liability attaches only when a landowner has actual or constructive notice of the specific condition at issue

Summary of this case from DiGirolamo v. Abm Janitorial Servs., Inc.
Case details for

Piacquadio v. Recine Realty Corp.

Case Details

Full title:HELEN PIACQUADIO et al., Respondents, v. RECINE REALTY CORP. et al.…

Court:Court of Appeals of the State of New York

Date published: Dec 13, 1994

Citations

84 N.Y.2d 967 (N.Y. 1994)
621 N.Y.S.2d 514
645 N.E.2d 1214

Citing Cases

Rodriguez v. E P Assoc.

Additionally, it is well established that no liability will be found absent proof that a defendant actually…

Ochoa v. Walton Mgt. LLC

Additionally, it is well established that no liability will be found absent proof that a defendant actually…