Legal Opinion
Brown v. Linden Plaza Housing Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 2007PublishedCited by 14 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Douglass, J.), dated October 19, 2005, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A defendant who has actual knowledge of an ongoing and recurring dangerous condition can be charged with constructive notice of each specific reoccurrence of the condition (see Osorio v Wendell Terrace Owners Corp., 276 AD2d 540 [2000]). Here, the defendants failed to meet their burden of establishing that the…
2Cases cited2 opinions
- Osorio v. Wendell Terrace Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Mitchell v. Mongoose, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by14 opinions
- Amendola v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Bravo v. 564 Seneca Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Mauge v. Barrow Street Ale HouseAppellate Division of the Supreme Court of the State of New York · 2010
- Perez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Wesolek v. Jumping Cow Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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