McDuffie v. Fleet Financial Group, Inc.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Early v. Hilton Hotels Corp. (Appellate Division of the Supreme Court of New York 2010)
- Perlongo v. Park City 3 & 4 Apartments, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Gonzalez v. Jenel Management Corp. (Appellate Division of the Supreme Court of New York 2004)
- Yearwood v. Cushman & Wakefield, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Andujar v. Benenson Investment Co. (Appellate Division of the Supreme Court of New York 2002)
- Kershner v. Pathmark Stores, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Dember v. Winthrop University Hospital (Appellate Division of the Supreme Court of New York 2000)
- Haseley v. Abels (Appellate Division of the Supreme Court of New York 2011)
- Massey v. Newburgh W. Realty, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Roman v. Met-Paca II Associates, L.P. (Appellate Division of the Supreme Court of New York 2011)
- Nu Li Lin v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2007)
- Rogers v. Rockefeller Group International, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Hitzler v. St. Teresa's Church (Appellate Division of the Supreme Court of New York 2006)
- Deveau v. CF Galleria at White Plains (Appellate Division of the Supreme Court of New York 2005)
- Curtis v. Dayton Beach Park No. 1 Corp. (Appellate Division of the Supreme Court of New York 2005)
- Gilliam v. White Castle (Appellate Division of the Supreme Court of New York 2004)
- Anthony v. Wegmans Food Markets, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Dawkins v. Long Island Rail Road (Appellate Division of the Supreme Court of New York 2003)
- Stone v. Long Island Jewish Medical Center, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Rosa v. Food Dynasty (Appellate Division of the Supreme Court of New York 2003)
- Gloria v. MGM Emerald Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Petty v. Harran Transportation Co. (Appellate Division of the Supreme Court of New York 2002)
- Anderson v. Central Valley Realty Co. (Appellate Division of the Supreme Court of New York 2002)
- Sosa v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2001)
- Lynch v. Middle Country Central School District (Appellate Division of the Supreme Court of New York 2001)
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
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dye, J.), dated June 2, 1999, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In order to constitute constructive notice, “a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant’s employees to discover and remedy it” (Gordon v American Museum of Natural History, 67 NY2d 836, 837; see also, Kraemer v K-Mart Corp., 226 AD2d 590). Here, in the absence of proof as to how long a puddle of water was on the floor, there is no evidence to permit an inference that the defendant had constructive notice of the condition in question (see, Paciello v May Dept. Stores Co., 263 AD2d 533; Kraemer v K-Mart Corp., supra).
Even assuming that the plaintiff had raised a triable issue of fact as to whether the defendant was aware that water on the lobby floor of its bank was a recurring condition in rainy weather, proof that the defendant was aware of a general condition is not sufficient to establish constructive notice of the particular condition which caused the injured plaintiff to fall (see, Piacquadio v Recine Realty Corp., 84 NY2d 967; Kraemer v K-Mart Corp., supra). Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.