¶1In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Dutchess County, entered April 6, 1965, in plaintiff’s favor upon a jury verdict. Judgment reversed, on the law and the facts, without costs, and complaint dismissed, without costs. In our opinion, plaintiff, as a matter of law, failed to establish that defendants had actual or constructive notice of the alleged icy condition prior to the accident and had permitted that condition to exist for an unreasonable time (cf. Hoffman v. Bachrach, 20 A D 2d 790; Preuschoff v. Wank, 16 A D 2d 690, 691; see 5 Warren, Negligence, § 5.77, pp. 596-597). Beldock, P. J., Ughetta, Rabin, Hopkins and Benjamin, JJ., concur.
26 A.D.2d 840
Neilson v. Amodeo
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1966
Appellate Division of the Supreme Court of the State of New York · decided 1966-10-31
Cited by 1 later decisions — most recently December 1981
Good law ✅— No negative treatment on recordhow we know
Decided 1966-10-31
View the full empirical analysis of this case →