GORDON V. AMERICAN MUSEUM OF NATURAL HISTORY, 67 N.Y. 2d 836, 492 N.E. 2d 774, 501 N.Y.S. 2d 646 (1986) CASE BRIEF

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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