Gale v. BP/CG Ctr. I LLC, 49 A.D.3d 454 (N.Y. App. Div. 2008). · Go Syfert
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Gale v. BP/CG Ctr. I LLC, 49 A.D.3d 454 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Almanzar v. New York City Health & Hosps. Corp. (nysupctbrnx, 2025-01-29)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Almanzar v. New York City Health & Hosps. Corp.
N.Y. Sup. Ct., Bronx Cty. · 2025 · confidence medium
Ctr.) , 49 AD3d 454, 455 [1st Dept 2008]; Matter of Morton v New York City Health & Hosps.
cited Cited as authority (rule) Almanzar v. New York City Health & Hosps. Corp.
N.Y. Sup. Ct., Bronx Cty. · 2025 · confidence medium
Ctr.) , 49 AD3d 454, 455 [1st Dept 2008]; Matter of Morton v New York City Health & Hosps.
cited Cited as authority (rule) A.M. v. New York City Health & Hosps. Corp.
N.Y. App. Div. · 2023 · confidence medium
Ctr.] , 49 AD3d 454, 455 [1st Dept 2008]).
discussed Cited as authority (rule) Pomahac v. TrizecHahn 1065 Avenue of the Americas, LLC
N.Y. App. Div. · 2009 · confidence medium
Moreover, Citibank demonstrated that it had no actual notice of the particular accumulation of water on the floor which caused the plaintiff to fall, and in the absence of proof as to how long this specific wet condition existed, there is no evidence to permit an inference that Citibank had constructive notice of the condition” (internal quotation marks and citations omitted)]; Gale, 49 AD3d at 454 [“Plaintiff offered no evidence that defendant owners failed to take reasonable precautions to remedy wet conditions in the building at the time of the accident.
Retrieving the full opinion text from the archive…
Erica Gale
v.
BP/CG Center I LLC
Appellate Division of the Supreme Court of the State of New York.
Mar 25, 2008.
49 A.D.3d 454
Cited by 1 opinion  |  Published

Plaintiff offered no evidence that defendant owners failed to take reasonable precautions to remedy wet conditions in the building at the time of the accident (see Ford v Citibank, N.A., 11 AD3d 508, 509 [2004]). After he stepped off the mats that had been provided, plaintiff slipped in an area that had been mopped less than 15 minutes earlier. During that 15-minute period, several people had walked through the area without incident, in full view of building employees. Therefore, plaintiff cannot show “that the allegedly dangerous wet condition was visible and apparent for a sufficient length of time prior to the accident to permit defendants’ employees to discover and remedy it” (see Shernicoff v 1700 Broadway Co., 304 AD2d 409, 409-410 [2003]). Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ. [See 2007 NY Slip Op 31828(U).]