Legal Opinion

Nielsen v. Metro-North Commuter Railroad

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

Decided June 13, 2006PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated March 3, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A property owner will be held liable for a slip-and-fall involving snow and ice on its property only when it created the dangerous condition that caused the accident or had actual or constructive notice thereof (see Fahey v Serota, 23 AD3d 335 [2005]; Zabbia v Westwood, LLC, 18 AD3d 542 [2005]; Cody v…

2Cases cited8 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
  3. Carricato v. Jefferson Valley Mall Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2002
  4. Voss v. D&C ParkingAppellate Division of the Supreme Court of the State of New York · 2002
  5. Zabbia v. Westwood, LLCAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by7 opinions

  1. Rudloff v. Woodland Pond Condominium Ass'nAppellate Division of the Supreme Court of the State of New York · 2013
  2. Cantwell v. Fox Hill Community Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
  3. Crosthwaite v. Acadia Realty TrustAppellate Division of the Supreme Court of the State of New York · 2009
  4. Olivieri v. GM Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2007
  5. Flores v. BAJ Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2012

2 more not listed; retrieve them via the Exa API.

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