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Golding v. Powell Dempsey, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 510 (N.Y. App. Div. 1998)

Opinion

February 17, 1998

Appeal from the Supreme Court, Westchester County (Silverman, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In order to establish a prima facie case of negligence, the plaintiff is required to prove that the defendant either created or had actual or constructive notice of the allegedly dangerous condition that caused his injuries ( see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256; DeChirico v. Church of St. Clare, 241 A.D.2d 536). "To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" ( Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837).

In the instant case, the defendant established that it neither created the allegedly dangerous condition, nor had actual or constructive notice of it. Since the plaintiff failed to offer any evidence to refute this prima facie showing, the defendant's motion for summary judgment dismissing the complaint should have been granted ( see, Gordon v. American Museum of Natural History, supra; Capraro v. Staten Is. Hosp., supra; DeChirico v. Church of St. Clare, supra).

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Golding v. Powell Dempsey, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 510 (N.Y. App. Div. 1998)
Case details for

Golding v. Powell Dempsey, Inc.

Case Details

Full title:MICHAEL R. GOLDING, Respondent, v. POWELL DEMPSEY, INC., Doing Business as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1998

Citations

247 A.D.2d 510 (N.Y. App. Div. 1998)
669 N.Y.S.2d 323

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