Bradley v HWA 1290 III LLC, 32 NY3d at 1011 (2018)

2018 NY Slip Op 06853 [32 NY3d 1010]
October 16, 2018
Court of Appeals

[*1]

In the Matter of Marie Bradley, Individually and as Administratrix of the Estate of Edward Bradley, Deceased, Appellants,
v
HWA 1290 III LLC et al., Respondents.

Decided October 16, 2018

Bradley v HWA 1290 III LLC, 157 AD3d 627, affirmed.

{**32 NY3d at 1011} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. To the extent that a violation of standards of the American National Standards Institute constitutes evidence of negligence (see Sawyer v Dreis & Krump Mfg. Co., 67 NY2d 328 [1986]; Trimarco v Klein, 56 NY2d 98 [1982]), plaintiffs’ reliance on those standards was proper. However, plaintiffs nevertheless failed to raise a triable question of fact as to whether defendants had either actual or constructive notice of the alleged dangerous condition.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Wilson and Feinman. Taking no part: Judge Garcia.