Gordon v. American Museum of Natural History
| Court | New York Court of Appeals |
| Writing for the Court | WACHTLER |
| Citation | 67 N.Y.2d 836,501 N.Y.S.2d 646 |
| Decision Date | 25 March 1986 |
| Parties | , 492 N.E.2d 774 Douglas GORDON, Respondent, v. AMERICAN MUSEUM OF NATURAL HISTORY, Appellant, et al., Defendants. (And a Third-Party Action.) |
Page 646
v.
AMERICAN MUSEUM OF NATURAL HISTORY, Appellant, et al., Defendants.
(And a Third-Party Action.)
James A. Hamill, New York City, for appellant.
Lawrence K. Katz, Mineola, for respondent.
MEMORANDUM.
The order of the Appellate Division, 113 A.D.2d 701, 493 N.Y.S.2d 464, should be reversed, with costs, the complaint dismissed and the certified question answered in the negative.
Plaintiff was injured when he fell on defendant's front entrance steps. He testified that as he descended the upper level of steps he slipped on the third step and that while he was in midair he observed a piece of white, waxy paper next to his left foot. He alleges that this paper came from the concession stand that defendant had contracted to have present and which was located on the plaza separating the two tiers of steps and that defendant was negligent insofar as its employees failed to discover and remove the paper before he fell on it. The case was submitted to the jury on the theory that defendant had either actual or constructive notice of the dangerous condition presented by the paper on the steps. The jury found against defendant on the issue of liability. *
Page 647
A divided Appellate Division affirmed and granted defendant leave to appeal on a certified question.There is no evidence in the record that defendant had actual notice of the paper and the case should not have gone to the jury on that theory. To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it (Negri v. Stop & Shop, 65 N.Y.2d 625, 626, 491 N.Y.S.2d 151, 480 N.E.2d 740; Lewis v. Metropolitan Transp. Auth., 64 N.Y.2d 670, 485 N.Y.S.2d 252, 474 N.E.2d 612, affg. on opn. at 99 A.D.2d 246, 249, 472 N.Y.S.2d 368). The record contains no evidence that anyone, including plaintiff, observed the piece of white paper prior to the accident. Nor did he describe the paper as being dirty or worn, which would have provided some indication that it had been present for some period of time (cf. Negri v. Stop & Shop, supra, at p. 626, 491 N.Y.S.2d 151, 480 N.E.2d 740 [broken baby food jars were dirty] ). Thus, on the evidence presented, the piece of paper that caused plaintiff's fall could have been deposited...
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Nussbaum v. Railroad, No. 12–cv–00367 (NSR).
...length of time prior to the accident to permit defendant's employees to discover and remedy it.” Gordon v. Am. Museum of Natural History, 67 N.Y.2d 836, 837, 501 N.Y.S.2d 646, 492 N.E.2d 774 (1986). “The absence of evidence demonstrating how long a condition existed prior to a plaintiff's a......
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Scott v. 122 E. 42 St. LLC, No. 17472/2007.
...of time prior to the accident to permit defendant's employees to discover and remedy it” (Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837 [1986] ). Henegan failed to meet its prima facie burden of proving the absence of constructive notice of the steam fitters' hose on the ......
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In re World Trade Ctr. Lower Manhattan Disaster Site Litig., Nos. 09 CV 680AKH
...of time prior to the accident” for an owner to be liable for failing to remedy such a condition. Gordon v. Am. Museum of Natural History, 67 N.Y.2d 836, 837, 501 N.Y.S.2d 646, 492 N.E.2d 774 (1986). Furthermore, notice of generalized dangers, as opposed to the specific dangerous condition g......
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Lee v. City of Rochester
...v. Recine Realty Corporation, 84 N.Y.2d 967, 969, 622 N.Y.S.2d 493, 646 N.E.2d 795 (1994); Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 838, 501 N.Y.S.2d 646, 492 N.E.2d 774 (1986). See generally, 1A Warren, New York Negligence, Actionable Negligence, § 9.01-s 9.02[2] (1988)......
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Scott v. 122 E. 42 St. LLC, No. 17472/2007.
...of time prior to the accident to permit defendant's employees to discover and remedy it” (Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837 [1986] ). Henegan failed to meet its prima facie burden of proving the absence of constructive notice of the steam fitters' hose on the ......
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Lee v. City of Rochester
...v. Recine Realty Corporation, 84 N.Y.2d 967, 969, 622 N.Y.S.2d 493, 646 N.E.2d 795 (1994); Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 838, 501 N.Y.S.2d 646, 492 N.E.2d 774 (1986). See generally, 1A Warren, New York Negligence, Actionable Negligence, § 9.01-s 9.02[2] (1988)......
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Doona v. Onesource Holdings Inc, No. 06-CV-00894 (DLI)(VVP).
...to discover it and take remedial action. See Manning, 2008 WL 1780048, at *5; Gordon v. Am. Museum of Natural[680 F.Supp.2d 402] History, 67 N.Y.2d 836, 501 N.Y.S.2d 646, 492 N.E.2d 774, 775 (1986). A. Duty In many cases, the existence of a duty of care running from the defendant to the pla......
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