Ferington v. Dudkowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Rosemary Ferington (plaintiff) when she fell while descending the front stairs leading to defendant’s home. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. The complaint, as amplified by the bill of particulars, alleges that defendant had actual or constructive notice of the allegedly defective condition of the stairs. Defendant met his burden with respect to actual notice “[b]y showing that [he] did not receive any complaints about the area prior to…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
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- Lal v. Ching Po NgAppellate Division of the Supreme Court of the State of New York · 2006
- Ciccarelli v. Cotira, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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