Spector v. Cushman & Wakefield, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*423Citibank failed to make a prima facie showing of entitlement to judgment as a matter of law. The injured plaintiff allegedly slipped on a patch of black ice on the sidewalk abutting Citibank’s premises. Because Citibank did not refute plaintiffs’ contention that the dangerous condition existed, it was required to establish that it did not cause or create the condition or have actual or constructive notice of it (see Lebron v Napa Realty Corp., 65 AD3d 436, 437 [2009]). Citibank has failed to meet its burden with respect to actual or constructive notice of the ice because it proffered no…
2Cases cited11 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Lebron v. Napa Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Managault v. Rensselaer Polytechnic InstituteAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by15 opinions
- Wallace v. National Railroad Passenger Corp.District Court, S.D. New York · 2014
- Simpson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- AUSTIN, VIVIAN M. v. CDGA NATIONAL BANK TRUSTAppellate Division of the Supreme Court of the State of New York · 2014
- Austin v. CDGA National Bank Trust & Canandaigua National Corp.Appellate Division of the Supreme Court of the State of New York · 2014
10 more not listed; retrieve them via the Exa API.