Legal Opinion

Guttierez v. Lenox Hill Neighborhood House, Inc.

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

Decided February 10, 2004PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Edward Lehner, J.), entered August 27, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*139Inasmuch as the evidence of record demonstrates that the complained-of hazard upon defendant’s premises, a wet locker room floor, was not visible and apparent, much less visible and apparent for a sufficient period to permit its discovery and remediation, the complaint was properly dismissed (see Gordon v American Museum of Natural History, 67 NY2d 836 [1986]; Uhlich v Canada Dry Bottling Co. of…

2Cases cited4 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Segretti v. Shorenstein Co., East, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Uhlich v. Canada Dry Bottling Co.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Peso v. American Leisure Facilities Management Corp.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by7 opinions

  1. Walters v. Collins Building Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Gautier v. 941 Intervale Realty LLCAppellate Division of the Supreme Court of the State of New York · 2013
  3. Gautier v. 941 Intervale Realty LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Phillip v. Young Men's Christian Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
  5. Phillip v. Young Men's Christian Ass'nAppellate Division of the Supreme Court of the State of New York · 2014

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