CAPONE v. SCHAIBLE


211 A.D.2d 661 (1995)

622 N.Y.S.2d 65

Thomas Capone, Appellant, v. Michael Schaible et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 17, 1995


Ordered that the order is affirmed, with one bill of costs.

In response to the defendants' assertions that they did not have notice of the condition which allegedly caused the plaintiff's fall, the plaintiff, proceeding under a theory of constructive notice, failed to raise a triable issue of fact as to whether the leaves or twigs upon which he allegedly slipped were visible and apparent for a sufficient length of time that, in the exercise of reasonable care, the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases