Branham v. Loews Orpheum Cinemas, Inc.
Cases that cite this one
88 later published cases cite this decision. The 25 that cite it most often are listed here.
- Masillo v. On Stage, Ltd. (Appellate Division of the Supreme Court of New York 2011)
- Sanchez v. 562 Thieriot Ave, LLC (Appellate Division of the Supreme Court of New York 2025)
- Haibi v. 790 Riverside Drive Owners, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Emmanuel B. v. City of New York (Appellate Division of the Supreme Court of New York 2015)
- Gronski v. County of Monroe (N.Y. 2011)
- Knickerbocker v. Ulster Performing Arts Center (Appellate Division of the Supreme Court of New York 2010)
- Henriquez v. Appula Mgt. Corp. (Appellate Division of the Supreme Court of New York 2025)
- Zyskowski v. Chelsea-Warren Corp. (Appellate Division of the Supreme Court of New York 2025)
- People v. Trump (Appellate Division of the Supreme Court of New York 2025)
- Rothstein v. Krane LLP (New York Supreme Court, New York County 2024)
- Floyd v. Jewish Bd. of Family & Children's Servs. (New York Supreme Court, New York County 2024)
- Bank of N.Y. Mellon v. Fergus (New York Supreme Court, Kings County 2024)
- AJ Partners Lending, LLC v. Chen & Jiang Enter. LLC (New York Supreme Court, Kings County 2024)
- Gerardo v. Breton (Appellate Division of the Supreme Court of New York 2023)
- Quiroz v. Memorial Hosp. for Cancer & Allied Diseases (Appellate Division of the Supreme Court of New York 2022)
- Miller v. Silvarole Trucking Inc. (Appellate Division of the Supreme Court of New York 2022)
- Nyambuu v. Whole Foods Mkt. Group, Inc. (Appellate Division of the Supreme Court of New York 2021)
- Nyambuu v. Whole Foods Mkt. Group, Inc. (Appellate Division of the Supreme Court of New York 2021)
- Santapau v. Brownstone Too Condo (Appellate Division of the Supreme Court of New York 2021)
- Santapau v. Brownstone Too Condo (Appellate Division of the Supreme Court of New York 2021)
- Lopez v. City of New York (Appellate Division of the Supreme Court of New York 2021)
- Aldalali v. Sungold Assoc. Ltd. Partnership (Appellate Division of the Supreme Court of New York 2021)
- Aldalali v. Sungold Assoc. Ltd. Partnership (Appellate Division of the Supreme Court of New York 2021)
- Matter of Ameriprise Ins. Co. v. Kensington Radiology Group, P.C. (Appellate Division of the Supreme Court of New York 2020)
- D'Angelo v. City of New York (Appellate Division of the Supreme Court of New York 2020)
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
OPINION OF THE COURT
Memorandum.
The Appellate Division order should be affirmed with costs and the certified question not answered upon the ground that it is unnecessary. Viewing the evidence in the light most favorable to plaintiff, as we must on defendant’s motion for summary judgment (see Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Mgt., L.P., 7 NY3d 96 [2006]), defendant Loews demonstrated its entitlement to summary judgment dismissing the complaint against it. In opposition, plaintiff failed to adduce sufficient evidence that Loews had actual or constructive notice of the transient obstruction — a boy sitting in the aisle — or that the lighting in the theater was inadequate (see Piacquadio v Recine Realty Corp., 84 NY2d 967 [1994]; Gordon v American Museum of Natural History, 67 NY2d 836 [1986]; see also Gilson v Metropolitan Opera, 5 NY3d 574 [2005]).
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.