Legal Opinion
Wallace v. Goodstein Management, LLC
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2008PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karen S. Smith, J.), entered September 18, 2006, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants failed to demonstrate their entitlement to judgment by showing that they did not have notice of the ice on the porch on which plaintiff slipped in time to remedy the situation (see Pacheco v Fifteen Twenty Seven Assoc., 275 AD2d 282, 283-284 [2000]; Simmons v Metropolitan Life Ins. Co., 207 AD2d 290, 291 [1994], affd 84 NY2d 972 [1994]). Ice could have formed sufficiently in advance…
2Cases cited3 opinions
- Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
- Pacheco v. Fifteen Twenty Seven Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2000
- Simmons v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Castillo v. New York City Department of EducationNew York Supreme Court · 2010
- Santiago v. New York City Health and Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2009