Legal Opinion
Golding v. Powell & Dempsey, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1998PublishedCited by 6 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Silverman, J.), entered July 11, 1997, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In order to establish a prima facie case of negligence, the plaintiff is required to prove that the defendant either created or had actual or constructive notice of the allegedly dangerous condition that caused his injuries (see,…
2Cases cited4 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Capraro v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- DeChirico v. Church of St. ClareAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Perlongo v. Park City 3 & 4 Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Knightner v. Custom Window & Door Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Gallagher v. TDS TelecomAppellate Division of the Supreme Court of the State of New York · 2002
- Larsen v. Congregation B'Nai Jeshurun of Staten IslandAppellate Division of the Supreme Court of the State of New York · 2006
- Hsin Kuo Chiu v. Supermarkets GeneralAppellate Division of the Supreme Court of the State of New York · 2001
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