GORDON V. AMERICAN MUSEUM OF NATURAL HISTORY
67 N.Y. 2d 836, 492 N.E. 2d 774, 501 N.Y.S. 2d 646 (1986)
NATURE OF THE CASE: This is an appeal for a slip-fall personal injury case. American (D)
appealed an order, which found that D had either actual or constructive notice of a
dangerous condition on D's premises.
FACTS: Gordon (P) slipped and fell on the front steps of the American Museum of Natural
History (D). He slipped on the third step and while in midair he observed a piece of white,
waxy paper next to his left foot. It is alleged that the paper came from a concession stand
that D had contracted to have present and that D was negligent in that 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 D had either actual or constructive notice of the dangerous condition. The
jury found D liable. Appellate Division affirmed and granted D leave to appeal on a
certified question.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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