Legal Opinion
Fragale v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 2011PublishedCited by 7 opinions
1Opinion of the Court
Supreme Court erred in finding that there were no issues of fact as to constructive notice of the alleged oil condition on the garage floor where plaintiff fell. The testimony and statements of defendant’s employees raised an issue of fact as to whether there was an ongoing and recurring dangerous oil condition in the area of the accident that defendant routinely left unaddressed (see Zisa v City of New York, 39 AD3d 313, 314 [2007]). Indeed, a supervisor stated that the garage floor was oily for *489“weeks and months,” and a superintendent testified that he performed only weekly inspections of…
2Cases cited3 opinions
- Mercer v. City of New YorkNew York Court of Appeals · 1996
- Mercer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Zisa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by7 opinions
- Rowley v. Jerome JSD Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2024
- Rowley v. Jerome JSD Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2024
- Fama v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Fama v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Griffen v. AbedAppellate Division of the Supreme Court of the State of New York · 2025
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