Raymond Mercer, Appellants v. City of New York, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division’s order dismissing the plaintiffs’ negligence claim against the City of New York. The Court held that the evidence, even when viewed in the light most favorable to the plaintiffs, did not establish a prima facie case of negligence because the City neither created the alleged grease pool nor had notice of it.