Legal Opinion
In re Kovelsky
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 1995No. Claim No. 79257PublishedCited by 29 opinions
1Opinion of the Court
—Judgment, Court of Claims (Albert Blinder, J.), entered January 26, 1994, which upon a grant of defendant’s motion to dismiss, made at the conclusion of the nonjury trial, dismissed the claim, unanimously affirmed, without costs.
*235Claimant failed to establish that defendant had created a dangerous condition, or had constructive or actual knowledge that there was moisture on the second floor of the building and that defendant could have prevented the condition through reasonable care (Miller v Gimbel Bros., 262 NY 107).
Defendant was not required to cover all of its floors with mats, nor to…
2Cases cited3 opinions
- Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
- Boccaccino v. Our Lady of Pity Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1963
- Seiden v. National Commercial Bank & Trust Co.Albany City Court · 1968
3Cited by29 opinions
- Negron v. St. Patrick's Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
- Yearwood v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Pomahac v. TrizecHahn 1065 Avenue of the Americas, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Garcia v. Delgado Travel Agency Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Hussein v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
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