Mercer v. City of New York, 670 N.E.2d 443 (N.Y. 1996). · Go Syfert
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Mercer v. City of New York, 670 N.E.2d 443 (N.Y. 1996). Cases Citing This Book View Copy Cite
77 citation events (50 in the last 25 years) across 4 distinct courts.
Strongest positive: Wang v. Home Depot U.S.A., Inc., No. 1:23-cv-08995, 2025 WL 1582251 (E.D.N.Y. June 4, 2025)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
How cited ↗
Cited for
88 N.Y.2d at 956 Establishing liability for premises dangerous conditions14 citing cases9 listed here
  • Falcon v. State of New York, 226 A.D.3d 534 (N.Y. App. Div. 1st Dep't 2024).published 2 cites
    Nor was there evidence the water condition on the floor was discolored or otherwise dirty that might support an inference the alleged hazard had existed for a sufficient length of time to be discovered and remedied or have warnings erected…
  • Benny v. Concord Partners 46th St. LLC, 192 A.D.3d 531 (N.Y. App. Div. 1st Dep't 2021).published 2 cites
    The evidence plaintiff submitted in support of his motion shows that defendants-tenants Havana Central NY 2 LLC d/b/a Havana Central Restaurant & CafÉ (Havana) and Tintol LLC d/b/a Clubhouse CafÉ (Tintol) created the dangerous condition wh…
  • Benny v. Concord Partners 46th St. LLC, 189 A.D.3d 572 (N.Y. App. Div. 1st Dep't 2020).published 2 cites
    The evidence plaintiff submitted in support of his motion shows that defendants-tenants Havana Central NY 2 LLC d/b/a Havana Central Restaurant & CafÉ (Havana) and Tintol LLC d/b/a Clubhouse CafÉ (Tintol) created the dangerous condition wh…
  • Ceron v. Yeshiva Univ., 126 A.D.3d 630 (N.Y. App. Div. 1st Dep't 2015).published
    To subject a property owner to liability for a dangerous condition on its premises, a plaintiff must demonstrate that the *632 owner created, or had actual or constructive notice of the dangerous condition that precipitated the injury (see…
  • Kalish v. HEI Hosp., LLC, 114 A.D.3d 444 (N.Y. App. Div. 1st Dep't 2014).published 2 cites
    In order to subject a property owner to liability for a dangerous condition on its premises, a plaintiff must demonstrate that the owner created, or had actual or constructive notice of the dangerous condition that precipitated the injury…
  • Scherer v. Golub Corp., 101 A.D.3d 1286 (N.Y. App. Div. 2012).published 2 cites
    Once a defendant has actual or constructive notice of a dangerous condition, the defendant has a reasonable time to correct or warn of its existence (see Mercer v City of New York, 88 NY2d 955, 956 [1996]; Aquino v Kuczinski, Vila & Assoc.…
  • Hale v. Wilmorite, Inc., 35 A.D.3d 1251 (N.Y. App. Div. 4th Dep't 2006).published
    The record is devoid of any evidence of actual notice of the wet condition to defendants and the lapse of a reasonable time for them to correct the condition or warn about its existence (see Mercer v City of New York, 88 NY2d 955, 956 [199…
  • Perlongo v. Park City 3 & 4 Apts., Inc., 31 A.D.3d 409 (N.Y. App. Div. 2d Dep't 2006).published
    The imposition of liability in a slip-and-fall case requires evidence that the defendants created the dangerous condition which caused the accident, or that they had actual or constructive notice of that condition and failed to remedy it w…
  • Todd v. City of New York, 19 A.D.3d 587 (N.Y. App. Div. 2d Dep't 2005).published
    Even if, as the plaintiff contends, his fall was caused by oil and grease on the floor of a New York City Sanitation Department garage, nothing in the record suggests that the defendant either affirmatively created any particular pool of g…
At page 444 Notice required to establish liability for premises condition3 citing cases“either affirmatively created the [condition] alleged to have caused plaintiff's fall, or had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence”1 citing court quotes it
  • Wang v. Home Depot U.S.A., Inc., No. 1:23-cv-08995, 2025 WL 1582251 (E.D.N.Y. June 4, 2025).
    Feb. 5, 2020) (quoting Mercer v. City of New York, 670 N.E.2d 443, 444 (N.Y. 1996)).
  • Gomez v. Target Corp., No. 1:23-cv-00846 (E.D.N.Y. Feb. 20, 2025).
    Feb. 5, 2020) (brackets omitted) (quoting Mercer v. City of New York, 670 N.E.2d 443, 444 (N.Y. 1996)).
  • Puello v. Jetro Cash & Carry Enter., LLC, No. 1:18-cv-01645 (S.D.N.Y. Feb. 5, 2020).
    “either affirmatively created the [condition] alleged to have caused plaintiff's fall, or had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence”
Other citing cases6 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Raymond Mercer Et Al., Appellants,
v.
City of New York, Respondent
New York Court of Appeals.
Jul 9, 1996.
Published opinion
670 N.E.2d 443
1996 N.Y. LEXIS 1528
APPEARANCES OF COUNSEL, Rosenthal & Druyan, Bronx (Alan Jay Binger of counsel), for appellants., Paul A. Crotty, Corporation Counsel of New York City (Deborah R. Douglas and Kristin M. Helmers of counsel), for respondent.
Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick Concur.
Cited by 70 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The evidence presented at trial, considered in the light most favorable to plaintiffs, fails to establish a prima facie case of negligence. Nothing in the record suggests that defendant either affirmatively created the particular pool of grease or oil alleged to have caused plaintiffs fall, or had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence (Lewis v Metropolitan Transp. Auth., 99 AD2d 246, 249, affd for reasons stated below 64 NY2d 670). Thus, the Appellate Division properly reversed the judgment in plaintiffs’ favor and dismissed the complaint.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.