Legal Opinion
McDuffie v. Fleet Financial Group, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2000PublishedCited by 27 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dye, J.), dated June 2, 1999, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In order to constitute constructive notice, “a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant’s employees to discover and remedy it” (Gordon v American Museum of Natural…
2Cases cited4 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Kraemer v. K-Mart CorporationAppellate Division of the Supreme Court of the State of New York · 1996
- Paciello v. May Department Stores Co.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by27 opinions
- Perlongo v. Park City 3 & 4 Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Yearwood v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Gloria v. MGM Emerald Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Early v. Hilton Hotels Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Massey v. Newburgh W. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
22 more not listed; retrieve them via the Exa API.