[Download] "Isabel Madrid v. City New York Et Al." by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Isabel Madrid v. City New York Et Al.
- Author : Court of Appeals of New York
- Release Date : January 06, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Memorandum. The order of the Appellate Division should be affirmed. The facts presented in this record, assessed in the light most favorable to the plaintiff (see Sagorsky v Malyon, 307 NY 584, 586), fail to reveal any evidence of notice, either actual or constructive, necessary to cast respondents in damages (e.g., Silva v American Irving Sav. Bank, 31 A.D.2d 620, affd 26 N.Y.2d 727). A light drizzle on a damp October morning preceding the five-minute interval between the opening of Bellevue Hospital's out-patient clinic and plaintiff's fall on its terrazzo entrance created neither an inherently dangerous condition nor a sufficient opportunity to remedy a dangerous situation if there had been one. In the absence of any showing of notice to or lack of due care by respondents, the courts below properly concluded that plaintiff had failed to make out a prima facie case. (See Powell v Gates-Chili Cent. School Dist., 41 N.Y.2d 827, 829; cf. Miller v Gimbel Bros., 262 NY 107, 108-109.) Disposition Order affirmed, with costs, in a memorandum.
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