Legal Opinion

McGarvey v. Bank of New York

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

Decided May 25, 2004PublishedCited by 12 opinions

1Opinion of the Court

*432Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered March 18, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, affirmed, without costs.

Plaintiff was injured on defendant’s premises, allegedly as a result of the action of an inadequately checked revolving door. Defendant’s evidence, however, established prima facie that the door was regularly inspected and that defendant had had neither actual nor constructive notice of the defect alleged, and inasmuch as plaintiff did not in response adduce evidence competent to warrant a contrary…

2Cases cited3 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Figueroa v. Haven Plaza Housing Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Kruimer v. National Cleaning Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by12 opinions

  1. Gilson v. Metropolitan OperaAppellate Division of the Supreme Court of the State of New York · 2005
  2. Machado v. Clinton Housing Development Co.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Oboler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Kelly v. Old NavyAppellate Division of the Supreme Court of the State of New York · 2004
  5. LaTronica v. F.N.G. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008

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