Joseph v. Chase Manhattan Bank
Cases that cite this one
7 later published cases cite this decision.
- Manderson v. Phipps Houses Servs., Inc. (Appellate Division of the Supreme Court of New York 2019)
- Verde-Stefani v. Melohn Properties, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Ellison v. The Stop & Shop Supermarket Company LLC (District Court, E.D. New York 2022)
- Garcia v. Delgado Travel Agency Inc. (Appellate Division of the Supreme Court of New York 2004)
- Wallace v. Doral Tuscany Hotel (Appellate Division of the Supreme Court of New York 2003)
- Dombrower v. Maharia Realty Corp. (Appellate Division of the Supreme Court of New York 2002)
- Tarrabocchia v. 245 Park Avenue Co. (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
—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about January 19, 2000, which, in an action against a bank and a cleaning contractor for personal injuries sustained when plaintiff slipped on the floor of an automated teller lobby, granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The action was properly dismissed absent any evidence as to the size of the puddle on which plaintiff allegedly slipped and how long it was present before the accident. The fact that it had been raining for several hours before the accident does not, without more, permit an inference of constructive notice (see, O’Rourke v Williamson, Picket, Gross, 260 AD2d 260; cf., Cottingham v Hammerson Fifth Ave., 259 AD2d 348). Nor can defendants be held liable, absent constructive notice, on the basis of any performance obligations in their contract pertaining to the placement of mats in inclement weather (see, O’Rourke v Williamson, Picket, Gross, supra). Concur — Williams, J. P., Mazzarelli, Lerner, Buckley and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.