New York Court of Appeals, 1994

Simmons v. Metropolitan Life Insurance

New York Court of Appeals · Decided December 13, 1994

84 N.Y.2d 972; 646 N.E.2d 798; 622 N.Y.S.2d 496; 1994 N.Y. LEXIS 4125

Cases that cite this one

122 later published cases cite this decision. The 25 that cite it most often are listed here.

Massey v. Newburgh W. Realty, Inc. (Appellate Division of the Supreme Court of New York 2011)
Taylor v. United States (District Court, N.D. New York 1999)
Kalar v. Zaia (District Court, N.D. New York 1999)
Feigles v. Costal Lumber Co. (District Court, W.D. New York 1998)
Martin v. United States (District Court, S.D. New York 1997)
Rodriguez v. American Restaurant Ventures, Inc. (District Court, S.D. New York 1996)
Castillo v. New York City Department of Education (New York Supreme Court 2010)
Aquino v. Kuczinski, Vila Associates, P.C. (Appellate Division of the Supreme Court of New York 2007)
Steo v. New York University (Appellate Division of the Supreme Court of New York 2001)
Powers v. State of New York (Appellate Division of the Supreme Court of New York 2026)
Gopee v. CVS Albany L.L.C. (Appellate Division of the Supreme Court of New York 2025)
Kupferberg v. Hibbard (Appellate Terms of the Supreme Court of New York 2017)
Saavedra v. City of New York (Appellate Division of the Supreme Court of New York 2016)
Harrison v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2014)
Harrison v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2014)
Paucar v. Solaro (Appellate Division of the Supreme Court of New York 2013)
Paucar v. Solaro (Appellate Division of the Supreme Court of New York 2013)
Viera v. Rymdzionek (Appellate Division of the Supreme Court of New York 2013)
Viera v. Rymdzionek (Appellate Division of the Supreme Court of New York 2013)
Kamara v. Revite One Co. (Appellate Division of the Supreme Court of New York 2012)
Mayo v. Cedar Manor Mutual Housing Corp. (Appellate Division of the Supreme Court of New York 2012)
Mayo v. Cedar Manor Mutual Housing Corp. (Appellate Division of the Supreme Court of New York 2012)
Carpenter v. J. Giardino, LLC (Appellate Division of the Supreme Court of New York 2011)
Roman v. Met-Paca II Associates, L.P. (Appellate Division of the Supreme Court of New York 2011)
Kaehler-Hendrix v. Johnson Controls, Inc. (Appellate Division of the Supreme Court of New York 2009)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The evidence presented at trial, even when considered in a light most favorable to plaintiffs, fails to establish a prima facie case of negligence. Although plaintiffs presented evidence that icy patches had been noticed weeks prior to the accident, no testimony was introduced that defendant was notified of these icy conditions. Additionally, no evidence was introduced as to the origin of the patch of ice on which plaintiff allegedly slipped and whether defendant had sufficient time to remedy the dangerous condition. The testimony that it had snowed a week prior to the accident was insufficient to establish notice because no evidence was introduced *974that the ice upon which plaintiff allegedly fell was a result of that particular snow accumulation. In light of the record evidence, the Appellate Division properly held that the jury’s conclusion that defendant had constructive notice was irrational and based on pure speculation.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.