Bojovic v. Lydig Bejing Kitchen, Inc.
Cases that cite this one
10 later published cases cite this decision.
- Vulej v. Meilman (Appellate Division of the Supreme Court of New York 2023)
- Wolf v. St. Vincent's Catholic Med. Ctrs. of N.Y. (Appellate Division of the Supreme Court of New York 2019)
- Thomas v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2018)
- Mike v. 91 Payson Owners Corp. (Appellate Division of the Supreme Court of New York 2014)
- Mike v. 91 Payson Owners Corp. (Appellate Division of the Supreme Court of New York 2014)
- Penn v. 57-63 Wadsworth Terrace Holding, LLC (Appellate Division of the Supreme Court of New York 2013)
- Penn v. 57-63 Wadsworth Terrace Holding, LLC (Appellate Division of the Supreme Court of New York 2013)
- FERGUSON, ASHLEY v. ROCHESTER CITY SCHOOL DISTRICT (Appellate Division of the Supreme Court of New York 2012)
- Ferguson v. Rochester City School District (Appellate Division of the Supreme Court of New York 2012)
- Ferguson v. Rochester City School District (Appellate Division of the Supreme Court of New York 2012)
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
Defendants failed to make a prima facie showing that they did not have constructive notice of the dangerous snow and ice condition on the sidewalk in front of their premises. In support of their motion, defendants point to plaintiff’s deposition testimony that the last snowfall prior to her accident (at about 10:00 a.m. on January 31, 2007) occurred the day before, when it snowed “about one inch.” Defendants also cite a restaurant employee’s testimony that his practice and procedure was to shovel snow as soon as the restaurant opened for business at 11:00 a.m.; that he would not have arrived at work until that time; and that he did not recall whether he saw snow on the ground upon arrival. Based on the foregoing, defendants contend that they could not have reasonably discovered a dangerous condition that existed at the time of plaintiffs fall. Defendants, however, did not offer any evidence to refute plaintiffs contention that a dangerous snow and ice condition existed at the time of her fall, and that it existed for a sufficient length of time prior to the accident to permit defendants’ employees to discover and remedy it. The deposition testimony of the restaurant employee is not probative, “because he had no personal knowledge of the condition of the sidewalk at the time of the accident or in the hours immediately preceding it” (Lebron v Napa Realty Corp., 65 AD3d 436, 437 [2009]).
We have considered defendants’ remaining contentions and find them unavailing. Concur — Andrias, J.P, Sweeny, Moskowitz, Renwick and Freedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.