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LEVENTHAL v. FOREST HILLS GARDENS CORP.

308 A.D.2d 434 (2003)

764 N.Y.S.2d 125

LEONIE LEVENTHAL, Appellant, v. FOREST HILLS GARDENS CORP., Respondent.

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

Decided September 8, 2003.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

In this action, an important factual question on the issue of the defendant's liability was whether the defendant had constructive notice of an alleged defect that the plaintiff claims caused her fall (see Gordon v American Museum of Natural History, 67 N.Y.2d 836 [1986]). To support her claim, the plaintiff sought...

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