Stewart v. Sherwil Holding Corp.
Cases that cite this one
4 later published cases cite this decision.
- Giambruno v. Albrechet (Appellate Division of the Supreme Court of New York 2021)
- Schumacher v. Pucciarelli (Appellate Division of the Supreme Court of New York 2018)
- Moore v. Great Atlantic & Pacific Tea Co. (Appellate Division of the Supreme Court of New York 2014)
- Moore v. Great Atlantic & Pacific Tea Co. (Appellate Division of the Supreme Court of New York 2014)
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, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 18, 2011, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A property owner will be held liable for a slip and fall involving snow and ice on its property only when it created the dangerous condition that caused the accident, or had actual or constructive notice thereof (see Mignogna v 7-Eleven, Inc., 76 AD3d 1054 [2010]; Medina v La Fiura Dev. Corp., 69 AD3d 686 [2010]; Crosthwaite v Acadia Realty Trust, 62 AD3d 823 [2009]). Notably, the only theory of liability the plaintiff asserts in this case is constructive notice. To provide 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 the defendants’ employees to discover and remedy it (see Medina v La Fiura Dev. Corp., 69 AD3d 686 [2010]; Kaehler-Hendrix v Johnson Controls, Inc., 58 AD3d 604, 606 [2009]).
Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Florio, J.R, Balkin, Lott and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.