Lennard v. Mendik Realty Corp.

New York Court of Appeals March 29, 2007

Lennard v. Mendik Realty Corp., 865 N.E.2d 1223 (N.Y. 2007)

8 N.Y.3d 909; 834 N.Y.S.2d 57

Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur in Memorandum

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that Court for consideration of issues raised but not determined on the appeal to that Court.

Plaintiff contends that she was injured when she slipped and fell on loose floor tiles in a bathroom at her workplace. Defendants, owners and managers of the premises, failed to establish that they lacked constructive notice of the allegedly defective floor tiles as a matter of law (see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]; see also Chapman v Silber, 97 NY2d 9, 19 [2001]). Accordingly, summary judgment was not appropriate.

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 reversed, etc.

Reference

Full Case Name: Margo Lennard, Appellant, v. Mendik Realty Corp. Et Al., Respondents and Third-Party Plaintiffs. City of New York, Third-Party Defendant-Respondent
Cited By: 3 cases
Status: Published