Summary
affirming dismissal of the complaint where the plaintiff slipped and fell on the stairway and no proof was offered of how the substance got there or who created the condition
Summary of this case from Cooper v. Pathmark Stores, Inc.Opinion
September 15, 1980
In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered May 5, 1979, which is in favor of the defendants upon the trial court's dismissal of the complaint at the close of all the evidence. Judgment affirmed, with one bill of costs. Trial Term correctly concluded that the defendants had no notice, either actual or constructive, of the slippery substance on the stairway upon which the plaintiff fell. There was a complete absence of proof as to how the substance got on the stairway or that either of the defendants or their employees created the condition (see Bogart v. Woolworth Co., 24 N.Y.2d 936, 937; Lavine v. United Paper Bd. Co., 243 N.Y. 631; Katcher v Ideal Tennis, 65 A.D.2d 751; Dowling v. Woolworth Co., 16 A.D.2d 672; Donohoe v. Great Atlantic Pacific Tea Co., 277 App. Div. 739). Mollen, P.J., Hopkins, Mangano and Cohalan, JJ., concur.