Legal Opinion
Rosas v. 397 Broadway Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 2005PublishedCited by 4 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for wrongful death, the defendant 397 Broadway Corp. appeals from an order of the Supreme Court, Westchester County (Dillon, J), entered July 6, 2004, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
A property owner is not liable in negligence unless he or she created the allegedly dangerous condition or had actual or constructive notice of its existence (see Voss v D&C Parking, 299 AD2d 346 [2002]). In cases involving out-of-possession owners, while…
2Cases cited7 opinions
- Voss v. D&C ParkingAppellate Division of the Supreme Court of the State of New York · 2002
- Winby v. KustasAppellate Division of the Supreme Court of the State of New York · 2004
- Eckers v. SuedeAppellate Division of the Supreme Court of the State of New York · 2002
- Mikolajczyk v. M.C. Morgan Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Jenkins v. EhmerAppellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lalicata v. 39-15 Skillman Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Deerr' Matos v. Ulysses Upp, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Fuentes v. Ardenwood EnterprisesAppellate Division of the Supreme Court of the State of New York · 2010
- Moreno v. 105 Lombardy NY, LLCAppellate Division of the Supreme Court of the State of New York · 2026