Rivera v. 2160 Realty Co.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- DeJesus v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2008)
- Sanchez v. 562 Thieriot Ave, LLC (Appellate Division of the Supreme Court of New York 2025)
- Torres v. Sanitation Salvage Corp. (Appellate Division of the Supreme Court of New York 2022)
- Torres v. Sanitation Salvage Corp. (Appellate Division of the Supreme Court of New York 2022)
- McGahan v. Brooklyn Pub. Lib. (Appellate Division of the Supreme Court of New York 2022)
- Hartley v. Burnside Hous. Dev. Fund Corp. (Appellate Division of the Supreme Court of New York 2022)
- Athenas v. Simon Prop. Group, LP (Appellate Division of the Supreme Court of New York 2020)
- Adamson v. Radford Management Associates, LLC (Appellate Division of the Supreme Court of New York 2017)
- Morales v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2015)
- Berardi v. Incorporated Village of Garden City (Appellate Division of the Supreme Court of New York 2014)
- Berardi v. Incorporated Village of Garden City (Appellate Division of the Supreme Court of New York 2014)
- Kubicsko v. Westchester County Electric, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Kubicsko v. Westchester County Electric, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Beras v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2014)
- Beras v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2014)
- Nesterenko v. Starrett City Associates (Appellate Division of the Supreme Court of New York 2013)
- Nesterenko v. Starrett City Associates (Appellate Division of the Supreme Court of New York 2013)
- Herrera v. E. 103rd St. & Lexington Avenue Realty Corp. (Appellate Division of the Supreme Court of New York 2012)
- Black v. Kohl's Department Stores, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Arce v. 1704 Seddon Realty Corp. (Appellate Division of the Supreme Court of New York 2011)
- Nelson v. Cunningham Associates, L.P. (Appellate Division of the Supreme Court of New York 2010)
- Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp. (Appellate Division of the Supreme Court of New York 2010)
- Kramer v. SBR & C (Appellate Division of the Supreme Court of New York 2009)
- Viera v. Riverbay Corp. (Appellate Division of the Supreme Court of New York 2007)
- Willard v. Columbia University (Appellate Division of the Supreme Court of New York 2006)
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 reversed, with costs, the certified question answered in the affirmative and defendant’s motion for summary judgment granted.
In this slip and fall case, tenant failed to raise a triable issue of fact on the issue of whether the landlord had constructive notice on any theory of a dangerous condition in the stairwell. Tenant asserted that while descending the steps at 5:00 a.m., he tripped over a beer bottle. Yet he acknowledged that the bottle was not on the steps at 8:30 p.m. the night before and no evidence was offered indicating that the landlord was notified of the debris that night or that the bottle was present for a sufficient period of time that defendant’s employees had an opportunity to discover and remedy the problem (Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]). “[0]n the evidence presented, the [beer bottle] that caused
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.