Osorio v. Wendell Terrace Owners Corp.
Cases that cite this one
18 later published cases cite this decision.
- Kohout v. Molloy College (Appellate Division of the Supreme Court of New York 2009)
- Zerilli v. Western Beef Retail, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Brown v. Linden Plaza Housing Co. (Appellate Division of the Supreme Court of New York 2007)
- Sewitch v. LaFrese (Appellate Division of the Supreme Court of New York 2007)
- Perlongo v. Park City 3 & 4 Apartments, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Roussos v. Ciccotto (Appellate Division of the Supreme Court of New York 2005)
- Rivera v. 2160 Realty Co. (Appellate Division of the Supreme Court of New York 2004)
- Cappolla v. City of New York (Appellate Division of the Supreme Court of New York 2003)
- Garcia v. U-Haul Co. (Appellate Division of the Supreme Court of New York 2003)
- Coletta v. City of New York (Appellate Division of the Supreme Court of New York 2002)
- Freund v. Ross-Rodney Housing Corp. (Appellate Division of the Supreme Court of New York 2002)
- Clark v. Chau Shing Wong (Appellate Division of the Supreme Court of New York 2002)
- Daniely v. County of Westchester (Appellate Division of the Supreme Court of New York 2002)
- Semple v. Sterling Estates, LLC (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)
- Petri v. Half Off Cards, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Simoni v. 2095 Cruger Associates (Appellate Division of the Supreme Court of New York 2001)
- Gerson v. Brigham Park Cooperative Corp. (Appellate Division of the Supreme Court of New York 2000)
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 plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated October 6, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff allegedly slipped on a beer bottle in an unlighted stairwell of a building owned, managed, and controlled by the defendants. The plaintiff testified that she frequently saw people drinking beer and smoking in the stairwell and that every time she used the stairwell she saw beer bottles there. She had complained about the beer bottles to Jose Viera, the porter, and to the assistant superintendent, on numerous occasions. Viera testified at his deposition that he had received a complaint about beer bottles in the stairwell before the plaintiff’s accident. The defendants moved for summary judgment, claiming that they neither created nor had actual or constructive notice of the allegedly dangerous condition. The Supreme Court granted the motion for summary judgment. We reverse.
A defendant who has actual knowledge of an ongoing and recurring dangerous condition can be charged with constructive notice of each specific reoccurrence of the condition (see, McLaughlan v Waldbaums, Inc., 237 AD2d 335, 336; O’Connor-Miele v Barhite & Holzinger, 234 AD2d 106; Chin v Harp Mktg., 232 AD2d 601). The defendants failed to meet their burden of establishing that the condition of beer bottles in the stairwell was not frequent, ongoing, and customary, and that they did not have actual notice of this allegedly recurring condition. Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.