Gordon v. American Museum of Natural History

492 N.E.2d 774 (1986)

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Gordon v. American Museum of Natural History

New York Court of Appeals
492 N.E.2d 774 (1986)

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Facts

Douglas Gordon (plaintiff) slipped and fell on the front steps of the American Museum of Natural History (museum) (defendant). As Gordon fell, he spotted a piece of white paper next to his foot. When Gordon sued the museum for damages, he alleged that the paper came from a concession stand that the museum contracted to operate near the steps. Gordon testified that he saw other papers on another portion of the steps approximately 10 minutes before his fall. Gordon argued that the museum had either actual notice or constructive notice of the dangerous condition created by the paper that caused his fall and that the museum was negligent in failing to discover and remove the paper. A jury held in Gordon’s favor, and the New York Supreme Court, Appellate Division, affirmed. The museum appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Memorandum opinion)

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