green
Positive treatment
3.2 score
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 4 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Granillo v. Toys \R\" Us
Auth., 64 NY2d 670, 671 [1984]). “ ‘A defendant has constructive notice of a defect when it is visible and apparent, and has existed for a sufficient length of time before the accident that it could have been discovered and corrected’ ” (Williams v SNS Realty of Long Is., Inc., 70 AD3d 1034, 1035 [2010], quoting Hayden v Waldbaum, Inc., 63 AD3d 679, 679 [2009]; see Gordon v American Museum of Natural History, 67 NY2d 836, 837-838 [1986]).
discussed
Cited as authority (rule)
Melnikov v. 249 Brighton Corp.
Auth., 64 NY2d 670, 671 [1984]). “ Tn a trip and fall case, [a] plaintiffs inability to identify the cause of his or her fall is fatal to his or her cause of action, since, in that instance, the trier of fact would be required to base a finding of proximate cause upon nothing more than speculation’ ” (Antonia v Srour, 69 AD3d 666, 666 [2010], quoting Louman v Town of Greenburgh, 60 AD3d 915, 916 [2009]).
cited
Cited as authority (rule)
Aguirre v. Paul
Auth., 64 NY2d 670, 671 [1984]; Birthwright v Mid-City Sec., 268 AD2d 401 [2000]).
examined
Cited "see, e.g."
Barnett v. City of Yonkers
(3×)
See also Lewis v. Metropolitan Transportation Authority, 99 A.D.2d 246, 251 , 472 N.Y.S.2d 368, 372 (1st Dep’t), aff'd, 64 N.Y.2d 670 , 474 N.E.2d 612 , 485 N.Y.S.2d 252 (1984) (“condition [must have] existed for a sufficient period to afford [landowner], in the exercise of reasonable care, an opportunity to discover and correct it”].
Retrieving the full opinion text from the archive…
Evelina Lewis
v.
Metropolitan Transportation Authority
v.
Metropolitan Transportation Authority
New York Court of Appeals.
Dec 11, 1984.
474 N.E.2d 612
APPEARANCES OF COUNSEL, Abraham Abramovsky for appellant., John F. Mulholland for respondents.
Cited by 128 opinions | Published
OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the opinion by Justice Bentley Kassal at the Appellate Division (99 AD2d 246).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.