Winby v. Kustas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Dimitra Kustas appeals from so much of an order of the Supreme Court, Dutchess County (Dillon, J.), dated May 15, 2003, as denied that branch of her motion which was for summary judgment dismissing the complaint insofar as asserted against her.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
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…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Putnam v. StoutNew York Court of Appeals · 1976
- Voss v. D&C ParkingAppellate Division of the Supreme Court of the State of New York · 2002
- Gelardo v. ASMA Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grosso v. MTO Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2004
- Lalicata v. 39-15 Skillman Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Euvino v. LocontiAppellate Division of the Supreme Court of the State of New York · 2009
- Ever Win, Inc. v. 1-10 Industry Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Taylor v. LastresAppellate Division of the Supreme Court of the State of New York · 2007
9 more not listed; retrieve them via the Exa API.