Legal Opinion

Leventhal v. Forest Hills Gardens Corp.

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

Decided September 8, 2003PublishedCited by 1 opinion

1Opinion of the Court

—In an action to recover *435damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Risi, J.), entered August 5, 2002, which, upon a jury verdict, is in favor of the defendant and against her dismissing the complaint.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

In this action, an important factual question on the issue of the defendant’s liability was whether the defendant had constructive notice of an alleged defect that the plaintiff claims caused her fall (see Gordon v American…

2Cases cited5 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. People v. ByrnesNew York Court of Appeals · 1974
  3. Taylor v. New York City Transit AuthorityNew York Court of Appeals · 1979
  4. Tannen v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1995
  5. Segnit v. Stuhr Gardens Housing Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by1 opinion

  1. Salvia v. Hauppauge Route 111 AssociatesAppellate Division of the Supreme Court of the State of New York · 2008

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