Legal Opinion
Rivera v. 2160 Realty Co.
New York Court of Appeals
Decided April 15, 2005PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, the certified question answered in the affirmative and defendant’s motion for summary judgment granted.
In this slip and fall case, tenant failed to raise a triable issue of fact on the issue of whether the landlord had constructive notice on any theory of a dangerous condition in the stairwell. Tenant asserted that while descending the steps at 5:00 a.m., he tripped over a beer bottle. Yet he acknowledged that the bottle was not on the steps at 8:30 p.m. the night before and no evidence was…
2Cases cited1 opinion
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
3Cited by27 opinions
- Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Nelson v. Cunningham Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2010
- DeJesus v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Adamson v. Radford Management Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Athenas v. Simon Prop. Group, LPAppellate Division of the Supreme Court of the State of New York · 2020
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