Legal Opinion

Blaszczyk v. Riccio

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

Decided November 29, 1999PublishedCited by 8 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Berke, J.), dated December 9, 1998, 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 landowner for injuries resulting from an allegedly defective condition, the plaintiff must establish that the landowner either created or had actual or constructive notice of the defective condition (see, Gordon v American Museum of Natural History, 67 NY2d 836; Freeman…

2Cases cited2 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Freeman v. CobosAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by8 opinions

  1. Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Austin v. LambertAppellate Division of the Supreme Court of the State of New York · 2000
  3. Grottano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Soto v. FamulariAppellate Division of the Supreme Court of the State of New York · 2006
  5. Ramatowski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001

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