GARDNER v. COUNTY OF MONROE APCOA (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Nancy A. GARDNER, Appellant, v. COUNTY OF MONROE, A-M New York Parking Co., APCOA, Inc., and Mapco Auto Parks, Ltd., Respondents. (Appeal No. 1.)

Decided: February 04, 1998

Before DENMAN, P.J., and LAWTON, BALIO, BOEHM and FALLON, JJ.

William C. Rieth, Rochester, for plaintiff-appellant. Monroe County Attorney's Office by Charles Baisch, Rochester (Howard A. Stark, of counsel), for defendant-respondent County of Monroe. Chamberlain, D'Amanda (J. Michael Wood, of counsel), Rochester, for defendant-respondent A-M New York Parking Co.

Supreme Court erred in granting the motion and cross motion of defendants for summary judgment dismissing the complaint. The record contains evidence that defendants had actual notice of a recurrent dangerous condition involving missing or dislodged drain hole covers, and plaintiff testified at her deposition that an employee of defendant APCOA, Inc., was aware of uncovered holes in the area where plaintiff fell and told her that he had fallen in one of the holes before her accident. Thus, there is an issue of fact with respect to constructive notice (see, Camizzi v. Tops, Inc., 244 A.D.2d 1002, 664 N.Y.S.2d 964; Gutz v. County of Monroe, 221 A.D.2d 838, 634 N.Y.S.2d 776).

Judgment unanimously reversed on the law with costs, motion and cross motion denied and complaint reinstated.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network