Legal Opinion
Grier v. R. H. Macy & Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1991PublishedCited by 10 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (William J. Davis, J.), entered July 5, 1990, which granted the motion by defendant and third-party plaintiff to dismiss the complaint at the close of plaintiffs’ evidence, unanimously affirmed, without costs.
Constructive notice requires a showing of a hazardous condition that was not only visible and apparent before the accident, but also in existence a sufficient length of time to allow the defendant to observe and remove it. Plaintiffs’ failure to meet that test creates the possibility that the condition may have emanated only moments before the…
2Cases cited3 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Anderson v. Klein's Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Anderson v. Klein's Foods, Inc.New York Court of Appeals · 1988
3Cited by10 opinions
- Kaufman v. Man-Dell Food Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Hammond-Warner v. United StatesDistrict Court, E.D. New York · 1992
- Deegan v. 336 East 50th Street Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Simon v. IndurskyAppellate Division of the Supreme Court of the State of New York · 1995
- Luzinski v. Kenvic AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
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