You are here: / / Defendant Demonstrated It Did Not Have Constructive Notice of Condition...

Defendant Demonstrated It Did Not Have Constructive Notice of Condition Which Caused the Fall—Law of Constructive Notice Explained Re: Recurring Conditions/Latent Defects

The Second Department determined defendant was entitled to summary judgment in a slip and fall case because it demonstrated it did not have constructive notice of the condition which caused the fall.  Plaintiff was walking on a pallet in the stock room while unloading things.  After walking on the pallet three times, one of the boards apparently broke causing injury.  There was testimony that there was no sign the board was going to break prior to the accident.  The court explained the relevant law, including the law concerning recurring conditions and latent defects:

A defendant has constructive notice of a defect when it is visible and apparent, and has existed for a sufficient length of time before the accident such that it could have been discovered and corrected … .

When a landowner has actual knowledge of the tendency of a particular dangerous condition to reoccur, he or she can be charged with constructive notice of each specific reoccurrence of that condition … . A general awareness of a recurring problem is insufficient, without more, to establish constructive notice of the particular condition causing the fall … . When a defect is latent and would not be discoverable upon a reasonable inspection, constructive notice may not be imputed … .

The Supreme Court properly concluded that the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating, through the submission of, inter alia, a transcript of the injured plaintiff’s deposition testimony, that it did not create the condition or have actual or constructive notice thereof. Schubert-Fanning v Stop & Shop Supermarket Co LLP, 2014 NY Slip Op 04474, 2nd Dept 6-18-14

 

You might also like
Third-Party Beneficiary of an Indemnification Agreement May Enforce Obligations Owed to the Judgment Debtor by the Indemnifying Party
PLAINTIFF, WHO WAS USING HIS OWN LADDER WHEN IT SLID CAUSING HIM TO FALL, WAS ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION (SECOND DEPT).
Defendant Was Convicted of Bribing Three Witnesses to Recant their Statements Identifying Defendant’s Brother as the Shooter in a Killing;
THERE IS A QUESTION OF FACT WHETHER PLAINTIFF’S SLIP AND FALL ON ICE AND SNOW AFTER GETTING OUT OF A VEHICLE RESULTED FROM OPERATION OF THE VEHICLE SUCH THAT THE INSURER IS OBLIGATED TO DEFEND THE OWNER OF THE VEHICLE (SECOND DEPT). ​
SCHOOL NOT LIABLE FOR OFF PREMISES ASSAULT.
POLICE OFFICER SLIPPED AND FELL ON AN OUTSIDE STAIRWAY WHEN PATROLLING DEFENDANTS’ PROPERTY, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON THE NEGLIGENCE AND GENERAL MUNICIPAL LAW 205-a CAUSES OF ACTION SHOULD NOT HAVE BEEN GRANTED, PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT).
A Slip and Fall Defendant Who Moves for Summary Judgment Must Demonstrate When the Area Where the Fall Occurred Was Last Inspected or Cleaned
DEFENDANT PERFORMED A RAP SONG DURING A RECORDED PHONE CALL MADE FROM JAIL; AN INVESIGATOR WAS CALLED AS AN EXPERT TO INTERPRET THE LYRICS; HIS INTERPRETATION MATCHED THE PEOPLE’S FACTUAL THEORY OF THE CASE; BECAUSE THE INVESTIGATOR WAS NOT ADEQUATELY QUALIFIED AS AN EXPERT, DEFENDANT WAS DENIED A FAIR TRIAL (SECOND DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

No Special Duty Owed by School to School Employee Injured by Students Who Collided... Power Company Must Pay Town’s Ad Valorem Sewer Taxes Whether Or Not It...