Pulley v. McNeal
Cases that cite this one
11 later published cases cite this decision.
- Oates v. Iacovelli (Appellate Division of the Supreme Court of New York 2011)
- Welch v. De Cicco (Appellate Division of the Supreme Court of New York 2004)
- Duff v. De Sorbo (Appellate Division of the Supreme Court of New York 2003)
- Richardson v. Simone (Appellate Division of the Supreme Court of New York 2000)
- Harp v. O'Neil (Appellate Division of the Supreme Court of New York 1998)
- Figueroa v. Goetz (Appellate Division of the Supreme Court of New York 2004)
- Figueroa v. Goetz (Appellate Division of the Supreme Court of New York 2004)
- Mokszki v. Pratt (Appellate Division of the Supreme Court of New York 2004)
- Santiago v. Pyramid Crossgates Co. (Appellate Division of the Supreme Court of New York 2002)
- Perry v. Walter Uccellini Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Lupi v. Home Creators, Inc. (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the. Supreme Court (Lynch, J.), entered January 24, 1996 in Schenectady County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.
Defendant is the owner of a two-family residence located at 927 Delamont Avenue in the City of Schenectady, Schenectady County. In September 1993, defendant leased the first-floor apartment to Shirley Dixon, plaintiff’s sister. Approximately two months later, while plaintiff was asleep on the couch in the living room of Dixon’s apartment, the ceiling collapsed and plaintiff was injured. Plaintiff thereafter commenced this negligence action against defendant. Following joinder of issue, defendant moved for summary judgment dismissing the complaint. Plaintiff opposed the motion and cross-moved for leave to amend the complaint. Supreme Court, inter alia, granted defendant’s motion and this appeal by plaintiff ensued.
We affirm. "It is well settled that in order for a landlord to be held liable for injuries resulting from a defective condition upon the premises, the plaintiff must establish that the landlord had actual or constructive notice of the condition for such a period of time that, in the exercise of reasonable care, it should have been corrected” (Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 646; see, Gordon v American Museum of Natural History, 67 NY2d 836, 837; Warren v Wilmorite, Inc., 211 AD2d 904, 905). Plaintiff has failed to make this showing here.
It is undisputed that defendant purchased the subject property in 1966 and that, in 1987 or 1988, he hired a contractor to install a drop ceiling below the existing fixed tin ceiling in the first-floor apartment. After the new ceiling was installed, defendant leased the apartment to other tenants and finally to Dixon in 1993. Although the apartment had been periodically inspected by the Schenectady Building Inspector’s office and
Mikoll, J. P., Mercure, Crew III and Peters, JJ., concur. Ordered that the order is affirmed, with costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.