Appellate Division of the Supreme Court of New York, 2004

Matcovsky v. Days Hotel

Appellate Division of the Supreme Court of New York · Decided September 23, 2004

10 A.D.3d 557; 782 N.Y.S.2d 64; 2004 N.Y. App. Div. LEXIS 11003

Cases that cite this one

8 later published cases cite this decision. The 7 that cite it most often are listed here.

Nussbaum v. Metro-North Commuter Railroad (2d Cir. 2015)
Sanchez v. Bronx United in Leveraging Dollars, Inc. (Appellate Division of the Supreme Court of New York 2025)
Leandro v. Walmart Supercenter Store 2637 (District Court, S.D. New York 2021)
Sampson v. Sarah Lawrence College (District Court, S.D. New York 2021)
Puello v. Jetro Cash and Carry Enterprises, LLC (District Court, S.D. New York 2020)
Wienges v. Newburgh Mall, LLC (Appellate Division of the Supreme Court of New York 2012)
Edwards v. 727 Throgs Neck Expressway, Inc. (Appellate Division of the Supreme Court of New York 2005)

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 (Milton A. Tingling, *558J.), entered October 15, 2003, which, in an action for personal injuries sustained when plaintiff slipped and fell in a puddle of water in defendants’ hotel’s lobby, inter alia, denied defendants’ cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to grant defendants’ cross motion, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

The complaint should have been dismissed for lack of evidence that defendants received any complaints or otherwise acquired actual notice of the alleged puddle, or that the puddle had existed for a sufficient period of time for defendants to have acquired constructive notice (see Garcia v Delgado Travel Agency, 4 AD3d 204 [2004], citing, inter alia, Kovelsky v City Univ., 221 AD2d 234 [1995]; and Wallace v Doral Tuscany Hotel, 302 AD2d 255 [2003]). Concur—Nardelli, J.P., Mazzarelli, Saxe, Ellerin and Lerner, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.