Practice point: Where a landowner has actual knowledge of
a recurrent dangerous condition in a specific area, it may be charged
with constructive notice of each specific recurrence of it.
Student note: A landowner has a general duty to maintain its property in a reasonably safe condition in view of the circumstances, including
the likelihood of injury to others, the seriousness of the possible injury, and
the burden of avoiding the risk.
Case: Agosto v. City of New Rochelle, NY Slip Op 00623 (2d Dept. 2014).
Here is the decision.
Thursday's issue: The issue of standing in an action to foreclose a mortgage.
