Gramm v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGibson, P. J.
*788Gibson, P. J., Aulisi and Staley, Jr., JJ., concur in memorandum by Gibson, P. J. Herlihy and Reynolds, JJ., dissent and vote to reverse and dismiss in the following memorandum by Reynolds, J. The plaintiff has failed to sustain her burden of proof as to the negligence of the State, and has not established a prima facie case. No dangerous condition has been shown. No actionable negligence has been established. There is no proof as to the cause of the plaintiff’s fall. The State is not an insurer of the safety of those persons using the stairway of the leased premises, but its duty is limited…
2Cases cited12 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
- Antenen v. New York Telephone CompanyNew York Court of Appeals · 1936
- Spaulding v. ChristakosAppellate Division of the Supreme Court of the State of New York · 1945
- Spaulding v. ChristakosNew York Court of Appeals · 1946
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Weisenthal v. PickmanAppellate Division of the Supreme Court of the State of New York · 1989
- Babich v. R.G.T. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Kelsey v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1976
- Ellis v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 1994
20 more not listed; retrieve them via the Exa API.