Harris, Gail L. v. Seager, Robert, 93 A.D.3d 1308 (N.Y. App. Div. 2012). · Go Syfert
Harris, Gail L. v. Seager, Robert, 93 A.D.3d 1308 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: Bessette v. Lowe's Home Centers, LLC (nynd, 2022-02-15)
Top citers, strongest first. 14 distinct citers. How cited ↗
examined Cited as authority (quoted) Bessette v. Lowe's Home Centers, LLC
N.D.N.Y. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
to establish the notice element of her negligence claim, plaintiff was required to demonstrate that defendants had notice of conditions that she alleged were dangerous, but she was not required to demonstrate that defendants knew that those conditions were dangerous.
discussed Cited as authority (rule) Menear v. Kwik Fill
N.Y. App. Div. · 2019 · confidence medium
To establish the notice element of a negligence claim, plaintiffs were required to demonstrate that defendants had notice of the conditions that were alleged to be dangerous, but plaintiffs were not required to demonstrate that defendants knew that those conditions were dangerous ( see Harris v Seager , 93 AD3d 1308, 1309 [4th Dept 2012]).
discussed Cited as authority (rule) Wiedenbeck v. Lawrence
N.Y. App. Div. · 2019 · confidence medium
Finally, defendants' own submissions in support of their motion affirmatively establish that defendants had constructive, if not actual, notice of the allegedly dangerous condition ( see generally Harris v Seager , 93 AD3d 1308, 1308-1309 [4th Dept 2012]).
discussed Cited as authority (rule) Guzek v. B & L Wholesale Supply, Inc.
N.Y. App. Div. · 2017 · confidence medium
“It is within the sound discretion of the trial court to determine whether a witness may testify as an expert and that determination should not be disturbed in the absence of serious mistake, an error of law or abuse of discretion” (Harris v Seager, 93 AD3d 1308, 1309 [2012] [internal quotation marks omitted]).
discussed Cited as authority (rule) Maggio v. Doughtery
N.Y. App. Div. · 2015 · confidence medium
“It is within the sound discretion of the trial court to determine whether a witness may testify as an expert [,] and that determination should not be disturbed in the absence of serious mistake, an error of law or abuse of discretion” (Harris v Seager, 93 AD3d 1308, 1309 [2012] [internal quotation marks omitted]).
discussed Cited as authority (rule) MAGGIO, DOMENIC v. DOUGHTERY, RONALD JOHN
N.Y. App. Div. · 2015 · confidence medium
“It is within the sound discretion of the trial court to determine whether a witness may testify as an expert[,] and that determination should not be disturbed in the absence of serious mistake, an error of law or abuse of discretion” (Harris v Seager, 93 AD3d 1308, 1309 [internal quotation marks omitted]).
discussed Cited as authority (rule) Maggio v. Doughtery
N.Y. App. Div. · 2015 · confidence medium
“It is within the sound discretion of the trial court to determine whether a witness may testify as an expert [,] and that determination should not be disturbed in the absence of serious mistake, an error of law or abuse of discretion” (Harris v Seager, 93 AD3d 1308, 1309 [2012] [internal quotation marks omitted]).
cited Cited as authority (rule) MITCHELL, MARGUERITE v. NRG ENERGY, INC.
N.Y. App. Div. · 2015 · confidence medium
Defendants’ knowledge that the condition was dangerous is not a precursor to the imposition of liability (see Harris v Seager, 93 AD3d 1308, 1309 [2012]).
discussed Cited as authority (rule) Parslow v. Leake
N.Y. App. Div. · 2014 · confidence medium
Moreover, in order to establish the notice element in such a negligence claim, a plaintiff is required to demonstrate only that the defendant had notice of the condition that the plaintiff alleges was dangerous; the plaintiff is “not required to demonstrate that [the] defendant[ ] knew that th[e] condition[ ] [was] dangerous” (Harris v Seager, 93 AD3d 1308, 1309 [2012]).
discussed Cited as authority (rule) Parslow v. Leake
N.Y. App. Div. · 2014 · confidence medium
Moreover, in order to establish the notice element in such a negligence claim, a plaintiff is required to demonstrate only that the defendant had notice of the condition that the plaintiff alleges was dangerous; the plaintiff is “not required to demonstrate that [the] defendant[ ] knew that th[e] condition[ ] [was] dangerous” (Harris v Seager, 93 AD3d 1308, 1309 [2012]).
discussed Cited "see" Douglas F. v. Williamsville Cent. Sch. Dist.
N.Y. App. Div. · 2019 · signal: see · confidence high
"Defendants' knowledge that the condition was dangerous is not a precursor to the imposition of liability" ( Matter of Mitchell v NRG Energy, Inc. , 125 AD3d 1542, 1543 [4th Dept 2015]; see Harris v Seager , 93 AD3d 1308, 1308-1309 [4th Dept 2012]).
discussed Cited "see" SMITH, TERRY v. SZPILEWSKI, EUGENE
N.Y. App. Div. · 2016 · signal: see · confidence high
Defendants failed to meet their initial burden of establishing as a matter of law that the door did not constitute a dangerous condition in view of the absence of a latch or other mechanism to secure it in the open position (see Daries v Haym Solomon Home for Aged, 4 AD3d 447, 448 ; see generally Bielicki v Excel Indus., Inc., 104 AD3d 1318 , 1319; Matter of Kania v Suchocki, 294 AD2d 926, 927 ), that they lacked actual or constructive notice of the allegedly dangerous condition (see Rachlin v Michaels Arts & Crafts, 118 AD3d 1391, 1392-1393 ; Hanley v Affronti, 278 AD2d 868, 869 ; see general…
discussed Cited "see" Smith v. Szpilewski
N.Y. App. Div. · 2016 · signal: see · confidence high
Defendants failed to meet their initial burden of establishing as a matter of law that the door did not constitute a dangerous condition in view of the absence of a latch or other mechanism to secure it in the open position (see Daries v Haym Solomon Home for Aged, 4 AD3d 447, 448 [2004]; see generally Bielicki v Excel Indus., Inc., 104 AD3d 1318 , 1319 [2013]; Matter of Kania v Suchocki, 294 AD2d 926, 927 [2002]), that they lacked actual or constructive notice of the allegedly dangerous condition (see Rachlin v Michaels Arts & Crafts, 118 AD3d 1391, 1392-1393 [2014]; Hanley v Affronti, 278 AD…
discussed Cited "see" Smith v. Szpilewski
N.Y. App. Div. · 2016 · signal: see · confidence high
Defendants failed to meet their initial burden of establishing as a matter of law that the door did not constitute a dangerous condition in view of the absence of a latch or other mechanism to secure it in the open position (see Daries v Haym Solomon Home for Aged, 4 AD3d 447, 448 [2004]; see generally Bielicki v Excel Indus., Inc., 104 AD3d 1318 , 1319 [2013]; Matter of Kania v Suchocki, 294 AD2d 926, 927 [2002]), that they lacked actual or constructive notice of the allegedly dangerous condition (see Rachlin v Michaels Arts & Crafts, 118 AD3d 1391, 1392-1393 [2014]; Hanley v Affronti, 278 AD…
Retrieving the full opinion text from the archive…
Gail L. Harris, Appellant,
v.
Robert Seager Et Al., Respondents
CA 11-01606.
Appellate Division of the Supreme Court of the State of New York.
Mar 23, 2012.
93 A.D.3d 1308

Appeal from a judgment of the Supreme Court, Niagara County (Sara S. Sperrazza, A.J.), entered April 21, 2011 in a personal injury action. The judgment dismissed the complaint upon a directed verdict.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, defendants’ motion for a directed verdict is denied, the complaint is reinstated and a»new trial is granted.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained when she tripped over a raised threshold in a doorway while exiting a store owned by defendants James Briganti and Marie Briganti and operated by defendant Robert Seager. The door through which plaintiff exited the store led directly to an exterior stairway with a handrail on one side only. According to plaintiff, as she was falling down the stairs after tripping on the threshold, she reached for a railing on the side of the stairway where there was none, and she therefore tumbled down the stairs and injured her right foot and leg. Shortly before trial, Supreme Court granted the motion of defendants to preclude plaintiffs proposed expert witness from testifying at trial. After plaintiff rested at trial, defendants moved for a directed verdict dismissing the complaint, contending, inter alia, that plaintiff failed to establish that they had actual or constructive notice that the alleged defects in the property were dangerous. The court granted the motion, stating that “there is no way that there [is] any legal basis to put before the jury the issue of notice or causation,” and entered judgment dismissing the complaint.

We conclude that the court erred in granting defendants’ motion for a directed verdict. The evidence proffered by plaintiff[*1309] clearly established that defendants had constructive, if not actual, notice of the allegedly dangerous conditions on the property, i.e., the raised threshold and the absence of a handrail on one side of the stairway. Indeed, as defendants conceded, those conditions had existed on the property for years prior to plaintiffs accident. Contrary to defendants’ contention, plaintiff was not required to establish that defendants had notice of the allegedly dangerous nature of the threshold and stairway. To establish the notice element of her negligence claim, plaintiff was required to demonstrate that defendants had notice of conditions that she alleged were dangerous, but she was not required to demonstrate that defendants knew that those conditions were dangerous (see generally PJI 2:90; Tanguma v Yakima County, 18 Wash Ct App 555, 563, 569 P2d 1225, 1230 [1977], review denied 90 Wash 2d 1001 [1978]). To the extent that defendants rely on dicta in the decision of the Third Department in Richardson v Rotterdam Sq. Mall (289 AD2d 679, 682 [2001]) that suggests otherwise, we decline to follow it. We note that, in support of their motion for a directed verdict, defendants did not contend the alleged defects in the property were “trivial as a matter of law” (Sokolovskaya v Zemnovitsch, 89 AD3d 918, 918 [2011]; see generally Gafter v Buffalo Med. Group, P.C., 85 AD3d 1605, 1606 [2011]; Tully v Anderson’s Frozen Custard, Inc. [appeal No. 2], 77 AD3d 1474, 1475 [2010]), nor do they advance that contention on appeal.

Finally, we reject plaintiffs contention that the court abused its discretion in granting the motion of defendants to preclude the testimony of plaintiffs expert based on her failure to comply with CPLR 3101 (d) (1). “It is within the sound discretion of the trial court to determine whether a witness may testify as an expert and that determination should not be disturbed ‘in the absence of serious mistake, an error of law or abuse of discretion’ ” (Saggese v Madison Mut. Ins. Co., 294 AD2d 900, 901 [2002], quoting Werner v Sun Oil Co., 65 NY2d 839, 840 [1985]). Given the deficiencies in plaintiff’s expert disclosure, we perceive no abuse of the court’s discretion in this case. Present — Centra, J.P, Garni, Lindley, Sconiers and Martoche, JJ.