Kantlis v. 31-08 Cafe Concherto, Inc.
Cases that cite this one
2 later published cases cite this decision.
- Dowdy v. Brooklyn Hosp. Ctr. (Appellate Division of the Supreme Court of New York 2026)
- Backer v. Central Parking Systems (Appellate Division of the Supreme Court of New York 2002)
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, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Schulman, J.), dated June 20, 2000, which granted the defendant’s 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.
It is well settled that a plaintiff in a slip-and-fall case must demonstrate that the defendant created the dangerous condition which caused the accident, or had actual or constructive notice of that condition and failed to remedy it within a reasonable time (see, Gordon v American Museum of Natural History, 67 NY2d 836; Bernard v Waldbaum, Inc., 232 AD2d 596; Gordon v Waldbaum, Inc., 231 AD2d 673). “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, supra, at 837).
Here, the Supreme Court erred in granting the defendant’s
Case-law data current through December 31, 2025. Source: CourtListener bulk data.