WILSON, SYLVIA v. 100 CARLSON PARK, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendants contend that Supreme Court erred in denying their motion for summary judgment dismissing the complaint in this premises liability action arising from plaintiffs fall on a set of exterior stairs. We reject that contention. With respect to constructive notice, we conclude that there is an issue of fact whether the defect on the subject stairs was visible and apparent, and defendants failed to meet their initial burden of establishing that the defect did not “exist for a sufficient length of time prior to the accident to permit defendant^’] employees to discover and remedy…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Tesak v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1998
- LANE, GERTRUDE A. v. TEXAS ROADHOUSE HOLDINGS, LLCAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by2 opinions
- CASHION, MICHELLE v. BAJOREK, ALEXANDER T.Appellate Division of the Supreme Court of the State of New York · 2015
- Meldrim v. Holiday Meadows, LLCAppellate Division of the Supreme Court of the State of New York · 2024