Bogart v. F.W. Woolworth Co.

Decision Date14 May 1969
Citation249 N.E.2d 771,24 N.Y.2d 936,301 N.Y.S.2d 995
Parties, 249 N.E.2d 771 Pauline BOGART, Respondent, v. F. W. WOOLWORTH COMPANY, Appellant.
CourtNew York Court of Appeals Court of Appeals

Appeal from the Supreme Court, Appellate Division, Third Department, 31 A.D.2d 685, 295 N.Y.S.2d 785.

Borst, Smith, O'Loughlin, Smith & Abbey, Schenectady, for defendant-appellant.

Silverman & Silverman, Schenectady, for plaintiff-respondent.

Action was brought by pedestrian to recover damages for personal injuries sustained in fall on sidewalk in front of store whose owner had established a plant display on sidewalk in front of store which attracted attention of pedestrian who slipped and fell on a piece of coconut candy or cookie on sidewalk while walking toward the display. There was testimony from store owner's janitor that children were throwing debris on sidewalk in front of store and that he had personally brought this fact to the attention of his superior who told witness to keep sidewalk swept as often as possible.

The Supreme Court, Trial Term, Schenectady County, James D. Curry, J., entered a judgment in favor of the plaintiff pedestrian after a jury verdict and the store owner appealed.

The Appellate Division affirmed by a divided court and the owner appealed.

In the Court of Appeals the defendant store owner argued that the plaintiff pedestrian had failed to show that the store owner had created the dangerous condition or that the store owner had actual or constructive notice of the dangerous condition.

Order reversed without costs, and the complaint dismissed on the ground that, assuming that the sidewalk area in front of the defendant's premises had been adapted to its special use, there was neither actual nor constructive notice of the particular debris which allegedly caused plaintiff's fall.

All concur except KEATING, J., taking no part.

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24 cases
  • Burgos v. 205 E.D. Food Corp., Index No: 15760/06
    • United States
    • New York Supreme Court
    • April 21, 2008
    ...had actual or constructive notice of the same. Piacauadio v. Recine Realty Corp., 84 N.Y.2d 967 (1994); Boqgrt v. F.W. Woolworth Company, 24 N.Y.2d 936 (1969); Armstrong v. Oaden Allied Facility Management Corporation, 281 A.D.2d 317 (1st Dept. 2001); Wasserstrom v. New York City Transit Au......
  • Bolte v. City of N.Y.
    • United States
    • New York Supreme Court
    • July 6, 2015
    ...had actual or constructive notice of the same (Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969 [1994] ; Bogart v. F.W. Woolworth Company, 24 N.Y.2d 936, 937 [1969] ; Armstrong v. Ogden Allied Facility Management Corporation, 281 A.D.2d 317, 317, 722 N.Y.S.2d 503 [1st Dept 2001] ; Wass......
  • Makarius v. Port Auth. of N.Y. and N.J.
    • United States
    • New York Supreme Court — Appellate Division
    • September 7, 2010
    ...same ( Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969, 622 N.Y.S.2d 493, 646 N.E.2d 795 [1994]; Bogart v. Woolworth Co., 24 N.Y.2d 936, 937, 301 N.Y.S.2d 995, 249 N.E.2d 771 [1969]; Armstrong v. Ogden Allied Facility Mgt. Corp., 281 A.D.2d 317, 318, 722 N.Y.S.2d 503 [2001]; Wasserstr......
  • Lopez v. Dagan
    • United States
    • New York Supreme Court — Appellate Division
    • August 21, 2012
    ...of it ( Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969, 622 N.Y.S.2d 493, 646 N.E.2d 795 [1994];Bogart v. Woolworth Co., 24 N.Y.2d 936, 937, 301 N.Y.S.2d 995, 249 N.E.2d 771 [1969];Irizarry v. 15 Mosholu Four, LLC, 24 A.D.3d 373, 806 N.Y.S.2d 534 [2005] ). In response, plaintiff fail......
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