Legal Opinion

Pacht v. International Business Machines, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1996PublishedCited by 4 opinions

1Opinion of the Court

The defendants made a sufficient showing to establish that the revolving door which caused the plaintiff to fall and break her hip was not defective, and that even if it were, they had no knowledge of that defect, either actual or constructive, for a sufficient time prior to the occurrence of the plaintiff’s accident to have enabled them to correct it (see generally, Gordon v American Museum of Natural History, 67 NY2d 836). The burden therefore shifted to the plaintiff to show the existence of a triable issue of fact (see, Alvarez v Prospect Hosp., 68 NY2d 320). Since she failed to make such…

2Cases cited2 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986

3Cited by4 opinions

  1. Hunter v. Riverview Towers, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Bodden v. Mayfair Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Brenner v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2002
  4. Brown v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000

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