Armstrong v. Ogden Allied Facility Management Corp.
Cases that cite this one
12 later published cases cite this decision.
- Looney v. Macy's Inc. (District Court, E.D. New York 2021)
- Mazerbo v. Murphy (Appellate Division of the Supreme Court of New York 2008)
- Brown v. Garda CL Atlantic, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Moscione v. QPII-43-23 Ithaca Street LLC (Appellate Division of the Supreme Court of New York 2017)
- Privette v. Precision Elevator (Appellate Division of the Supreme Court of New York 2016)
- Privette v. Precision El. (Appellate Division of the Supreme Court of New York 2016)
- Humareda v. 500A East 87th Street, LLC (Appellate Division of the Supreme Court of New York 2014)
- Humareda v. 500A East 87th Street, LLC (Appellate Division of the Supreme Court of New York 2014)
- Smith v. Northern Lights Land Co. (Appellate Division of the Supreme Court of New York 2011)
- Bush v. Mechanicville Warehouse Corp. (Appellate Division of the Supreme Court of New York 2010)
- Radnay v. 1036 Park Corp. (Appellate Division of the Supreme Court of New York 2005)
- Sarfowaa v. Claflin Apts. L. L. C. (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 of the Appellate Term of the Supreme Court, First Department, entered April 14, 1999, which affirmed an order of the Civil Court, New York County (Marcy Friedman, J.), entered on or about March 31, 1998, granting defendant Ogden’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated and the matter remanded for trial.
The female plaintiff allegedly sustained injury from a fall when she tripped over a metal clip protruding from the floor of
The accident occurred shortly after management of the building changed hands. Defendant Ogden had relinquished management responsibilities just one week earlier. In the order affirmed by Appellate Term, Civil Court dismissed the complaint as against Ogden, on the ground that the record did not support the narrow exception for liability on the part of a former manager.
Generally, liability for a defective condition on premises does not attach to a prior owner or managing agent, except where a dangerous condition may have existed at the time of the conveyance and the new owner or manager has not had reasonable time to discover and remedy the defect (cf., Bittrolff v Ho’s Dev. Corp., 77 NY2d 896, 898). In those rare instances where the exception is sustained, “[u]ntil liability passes to the new owner, the onus should remain with the old.” (Farragher v City of New York, 26 AD2d 494, 496, affd 21 NY2d 756.) As a general proposition, the controller of premises cannot be held liable for a defect unless he had either actual or constructive notice of the hazard (Piacquadio v Recine Realty Corp., 84 NY2d 967). In the case at bar, there was no actual notice because no one had complained of a defect where the accident took place. But a trier of facts could find constructive notice, based upon the similar hazardous condition that was known to have existed for at least two years elsewhere in the building (Gutz v County of Monroe, 221 AD2d 838, 839). A plaintiff carries the burden at trial of convincing the trier of facts, even by circumstantial evidence, of at least constructive notice of an ongoing dangerous condition (Negri v Stop & Shop, 65 NY2d 625). On the other hand, in order to obtain summary judgment, the defendant must demonstrate that the plaintiff will be unable to satisfy that burden at trial (O’Connor-Miele v Barhite & Holzinger, 234 AD2d 106). Since Ogden failed to make that showing, its motion should have been denied. Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Wallach and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.