Legal Opinion
Rubin v. House
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 2007PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated February 27, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To impose liability upon a defendant in a slip-and-fall action, there must be evidence that a dangerous or defective condition existed, and that the defendant either created the condition or had actual or constructive notice of it (see Penn v Fleet Bank, 12 AD3d 584 [2004]; Christopher v New York City…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Christopher v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Leib v. Silo Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Penn v. Fleet BankAppellate Division of the Supreme Court of the State of New York · 2004
- Larsen v. Congregation B'Nai Jeshurun of Staten IslandAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- Dennehy-Murphy v. Nor-Topia Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Denker v. Century 21 Department Stores, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Lipani v. Hiawatha Elementary SchoolAppellate Division of the Supreme Court of the State of New York · 2017
- Farren v. Board of Educ. of City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2014
- Leary v. Leisure Glen Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
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