James v. Orion Condo-350 West 42nd St., LLC, 138 A.D.3d 927 (N.Y. App. Div. 2016). · Go Syfert
James v. Orion Condo-350 West 42nd St., LLC, 138 A.D.3d 927 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 2 distinct courts.
Strongest positive: Buffardi v. BJ's Wholesale Club, Inc. (nyappdiv, 2021-02-17)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Buffardi v. BJ's Wholesale Club, Inc.
N.Y. App. Div. · 2021 · confidence medium
"The party seeking contractual indemnification must establish that it was free from negligence and that it may be held liable solely by virtue of statutory or vicarious liability" ( Jardin v A Very Special Place, Inc. , 138 AD3d 927, 931 [internal quotation marks omitted]; see Graziano v Source Bldrs. & Consultants, LLC , 175 AD3d 1253 , 1260; Arriola v City of New York , 128 AD3d 747, 748-749 ).
discussed Cited as authority (rule) Sodhi v. Dollar Tree Stores, Inc.
N.Y. App. Div. · 2019 · confidence medium
Portage and Baldwin also failed to establish as a matter of law that they were entitled to contractual indemnification ( see generally Jardin v A Very Special Place, Inc. , 138 AD3d 927, 931 [2d Dept 2016]).
cited Cited as authority (rule) Patriarca v. Oreckinto
N.Y. App. Div. · 2017 · confidence medium
Auth., 140 AD3d 1104, 1106 [2016]; Jardin v A Very Special Place, Inc., 138 AD3d 927, 930 [2016]; LaGiudice v Sleepy’s Inc., 67 AD3d 969, 971 [2009]).
discussed Cited as authority (rule) Benavidez-Portillo v. G.B. Construction & Development, Inc.
N.Y. App. Div. · 2017 · confidence medium
Fund Co., Inc., 104 AD3d 646 , 647-648 [2013]) by submitting evidence that the plaintiff was not authorized or instructed to work on *683 the roof of the garage at the time of the accident (see Jardin v A Very Special Place, Inc., 138 AD3d 927, 930 [2016]; Vega v Renaissance 632 Broadway, LLC, 103 AD3d 883, 885 [2013]; John v KLewin Bldg.
cited Cited as authority (rule) Gairy v. 3900 Harper Avenue LLC
N.Y. App. Div. · 2017 · confidence medium
Weiss Realty Corp., 142 AD3d 950, 950-951 [2016]; James v Orion Condo-350 W. 42nd St., LLC, 138 AD3d 927, 927 [2016]; Mehta v Stop & Shop Supermarket Co., LLC, 129 AD3d 1037, 1038 [2015]).
discussed Cited as authority (rule) Isaacs v. Federated Department Stores, Inc. (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2017 · confidence medium
To meet its burden on the issue of lack of constructive notice, a defendant is required to offer some evidence as to when the site was last cleaned or inspected prior to the accident (see James v Orion Condo-350 W. 42nd St., LLC, 138 AD3d at 927; Mehta v Stop & Shop Supermarket Co., LLC, 129 AD3d 1037, 1038 [2015]).
discussed Cited as authority (rule) Mavis v. Rexcorp Realty, LLC
N.Y. App. Div. · 2016 · confidence medium
To meet its initial burden on the issue of lack of constructive notice, the defendant is required to offer some evidence as to when the accident site was last cleaned or inspected prior to the plaintiffs fall (see James v Orion Condo-350 W. 42nd St., LLC, 138 AD3d 927, 927 [2016]; Mehta v Stop & Shop Supermarket Co., LLC, 129 AD3d 1037, 1038 [2015]).
discussed Cited "see" Macias v. Mercer Sq. LLC
N.Y. Sup. Kings · 2024 · signal: see · confidence high
In opposition, Hart Roofing failed to raise a triable issue of fact. ( Hart v Commack Hotel, LLC , 85 AD3d at 1118-1119 ; see Jardin v A Very Special Place, Inc. , 138 AD3d at 931; Quilliams v Half Hollow School Dist.
discussed Cited "see" Macias v. Mercer Sq. LLC
N.Y. Sup. Kings · 2024 · signal: see · confidence high
In opposition, Hart Roofing failed to raise a triable issue of fact. ( Hart v Commack Hotel, LLC , 85 AD3d at 1118-1119 ; see Jardin v A Very Special Place, Inc. , 138 AD3d at 931; Quilliams v Half Hollow School Dist.
Retrieving the full opinion text from the archive…
Edena James, Respondent,
v.
Orion Condo-350 West 42nd St., LLC, Individually and Doing Business as Orion Condominium, Et Al., Appellants, Et Al., Defendants
2014-07108.
Appellate Division of the Supreme Court of the State of New York.
Apr 20, 2016.
138 A.D.3d 927
Balkin, Connolly, Duffy, Sgroi.
Cited by 9 opinions  |  Published

In an action to recover damages for personal injuries, the defendants Orion Condo-350 West 42nd St., LLC, and Board of Managers of the Orion Condominium appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated May 21, 2014, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

To prevail on their motion for summary judgment in this slip-and-fall case, the appellants had the initial burden of making a prima facie showing that they neither created the alleged hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Willis v Galileo Cortlandt, LLC, 106 AD3d 730, 731 [2013]). “A defendant has constructive notice of a defect when the defect is visible and apparent, and existed for a sufficient length of time before the accident that it could have been discovered and corrected” (Knack v Red Lobster 286, N & D Rests., Inc., 98 AD3d 473, 473 [2012]; see Gordon v American Museum of Natural History, 67 NY2d 836, 837-838 [1986]). Moreover, “[t]o meet its burden on the issue of lack of constructive notice, a defendant is required to offer some evidence as to when the accident site was last cleaned or inspected prior to the plaintiff’s fall” (Mehta v Stop & Shop Supermarket Co., LLC, 129 AD3d 1037, 1038 [2015]).

Here, the appellants failed to establish, prima facie, their entitlement to judgment as a matter of law on the ground that they did not have constructive notice of any hazardous condition. Although the appellants presented evidence that they neither created nor had actual notice of the alleged condition, they failed to demonstrate that they did not have constructive notice of the alleged condition, as they failed to tender any evidence establishing when the subject area was last inspected prior to the plaintiff’s alleged accident (see Korn v Parkside Harbors Apts., LLC, 134 AD3d 769, 770 [2015]; Sesina v Joy Lea Realty, LLC, 123 AD3d 1000, 1001 [2014]). Accordingly, the Supreme Court correctly denied the appellants’ motion for summary judgment dismissing the complaint insofar as asserted against them.

Balkin, J.P., Sgroi, Duffy and Connolly, JJ., concur.