Legal Opinion
Mercer v. City of New York
New York Court of Appeals
Decided July 9, 1996PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The evidence presented at trial, considered in the light most favorable to plaintiffs, fails to establish a prima facie case of negligence. Nothing in the record suggests that defendant either affirmatively created the particular pool of grease or oil alleged to have caused plaintiffs fall, or had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence (Lewis v Metropolitan Transp. Auth., 99 AD2d 246, 249, affd for reasons stated below 64 NY2d…
2Cases cited2 opinions
- Lewis v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1984
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by70 opinions
- Perlongo v. Park City 3 & 4 Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Segretti v. Shorenstein Co., East, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
- Ortega v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Carpenter v. J. Giardino, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Aquino v. Kuczinski, Vila Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2007
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