Legal Opinion

Medina v. La Fiura Development Corp.

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

Decided January 12, 2010PublishedCited by 13 opinions

1Opinion of the Court

The plaintiff alleges that on the evening of March 12, 2005, she slipped and fell on ice on premises owned by the defendant La Fiura Development Corp., and maintained by the defendants John Cervoni and Santa Fresca. In moving for summary judgment, the defendants contended that they lacked actual or constructive notice of the allegedly dangerous condition. The Supreme Court granted the motion and the plaintiff appeals. We reverse.

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,…

2Cases cited7 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  3. Goldman v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Tchjevskaia v. ChaseAppellate Division of the Supreme Court of the State of New York · 2005
  5. Buroker v. Country View Estate Condominium Ass'nAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by13 opinions

  1. McGowan v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  2. Flores v. BAJ Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Sabatino v. 425 Oser Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  4. Denardo v. ZiatykAppellate Division of the Supreme Court of the State of New York · 2012
  5. DeFelice v. Seakco Constr. Co., LLCAppellate Division of the Supreme Court of the State of New York · 2017

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

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