Eichelbaum v. Douglas Elliman, LLC, 52 A.D.3d 210 (N.Y. App. Div. 2008). · Go Syfert
Eichelbaum v. Douglas Elliman, LLC, 52 A.D.3d 210 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: Chen v. Lee (nysupctnewyork, 2024-06-05)
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (rule) Chen v. Lee (3×) also: Cited "see"
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
LLC, 52 AD3d 210,210 (1st Dept 2008); see also Knight v Realty USA.com, Inc., 96 AD3d 1443, 1444 (4 th Dept 2012)). 158258/2017 CHEN, JENNY HU vs.
discussed Cited "see, e.g." Bodtman v. Living Manor Love, Inc.
N.Y. App. Div. · 2013 · signal: see also · confidence low
Accordingly, since the inherent risk of walking up a smooth portion of the sloped roof rather than walking on one of the visibly corrugated portions was just as apparent to plaintiff as it would have been to defendants, plaintiff could not hold defendants liable based on a theory that defendants had constructive notice of such condition (see Stephens v Tucker, 184 AD2d 828, 829-830 [3d Dept 1992]; see also Eichelbaum v Douglas Elliman, LLC, 52 AD3d 210 [1st Dept 2008]).
discussed Cited "see, e.g." Bodtman v. Living Manor Love, Inc.
N.Y. App. Div. · 2013 · signal: see also · confidence low
Accordingly, since the inherent risk of walking up a smooth portion of the sloped roof rather than walking on one of the visibly corrugated portions was just as apparent to plaintiff as it would have been to defendants, plaintiff could not hold defendants liable based on a theory that defendants had constructive notice of such condition (see Stephens v Tucker, 184 AD2d 828, 829-830 [3d Dept 1992]; see also Eichelbaum v Douglas Elliman, LLC, 52 AD3d 210 [1st Dept 2008]).
Retrieving the full opinion text from the archive…
Priscilla Eichelbaum
v.
Douglas Elliman, LLC
Appellate Division of the Supreme Court of the State of New York.
Jun 3, 2008.
52 A.D.3d 210
Cited by 6 opinions  |  Published

Order, Supreme Court, New York County (Debra A. James, J.), entered June 11, 2007, which granted defendants’ respective motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to raise an issue of fact responsive to defendant real estate brokers’ prima facie showing that their only connection to the house in which plaintiff fell was to show it to prospective buyers, such as plaintiff, and that they therefore owed plaintiff no duty to make the house safe (see Pirie v Krasinski, 18 AD3d 848, 850 [2005]; Meyer v Tyner, 273 AD2d 364, 365 [2000]). Defendant owners were properly granted summary judgment in the absence of evidence—responsive to their prima facie showing that the prefinished shiny wood floor had never been waxed or polished after installation and was mopped with only a small amount of water—that the floor was slippery for reasons other than its inherent smoothness (see Murphy v Conner, 84 NY2d 969, 971-972 [1994]). For the same reason it does not avail plaintiff that defendants may have had notice of the inherent slippery nature of the floor, i.e., any danger due to smoothness would have been as apparent to her as to defendants (see DeMartini v Trump 767 5th Ave., LLC, 41 AD3d 181, 182 [2007]), it does not avail plaintiff to argue that defendants created or exacerbated the danger by requesting her to remove her shoes on entering the house. Concur—Lippman, P.J., Mazzarelli, Williams, Sweeny and Acosta, JJ. [See 2007 NY Slip Op 31624(U).]