Ferlito v. Great South Bay Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff allegedly injured his foot when it made contact with a broken portion of the curb at the shopping center owned by the defendant. He returned to the scene several days later and inspected a gouge in the curb. He testified that its sides and ends were not sharp. Approximately 2 to 3 weeks following the accident, he returned once again and photographs were taken in his presence. The plaintiff introduced the photographs into evidence at the trial.
To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the…
2Cases cited6 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Blake v. City of AlbanyNew York Court of Appeals · 1979
- Taylor v. New York City Transit AuthorityNew York Court of Appeals · 1979
- Nicholas v. ReasonAppellate Division of the Supreme Court of the State of New York · 1981
- Karten v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by23 opinions
- Davis v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1990
- Curci v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- DeGiacomo v. Westchester County Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Friedman v. StauberAppellate Division of the Supreme Court of the State of New York · 2005
- Hecker v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
18 more not listed; retrieve them via the Exa API.