Legal Opinion
Garcia v. Delgado Travel Agency Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 19, 2004PublishedCited by 26 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Edward Lehner, J.), entered December 17, 2002, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Viewing this matter in a light most favorable to plaintiff, there is no evidence that defendants either created the wet condition in the lobby or had notice of a hazard that could have been prevented by the exercise of reasonable care (Kovelsky v City Univ. of N.Y., 221 AD2d 234 [1995]). The fact that it was raining and water was being tracked in does not constitute notice of a dangerous…
2Cases cited5 opinions
- Yearwood v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- In re KovelskyAppellate Division of the Supreme Court of the State of New York · 1995
- Keum Choi v. Olympia & York Water Street Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Joseph v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 2000
- Wallace v. Doral Tuscany HotelAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by26 opinions
- Gibbs v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Berger v. ISK Manhattan, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Dubensky v. 2900 Westchester Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Snauffer v. 1177 Avenue of Americas LPAppellate Division of the Supreme Court of the State of New York · 2010
- Morabito v. 11 Park Place LLCAppellate Division of the Supreme Court of the State of New York · 2013
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