Vais v. Waldbaum, Inc.

Full title: MICHELE VAIS et al., Appellants, v. WALDBAUM, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 30, 1995

220 A.D.2d 739 (N.Y. App. Div. 1995)

633 N.Y.S.2d 994

Opinion

October 30, 1995

Appeal from the Supreme Court, Nassau County (Winick, J.).

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to raise a genuine issue of fact regarding whether the defendant had actual or constructive notice of the condition that caused the injured plaintiff to fall. Accordingly, summary judgment was properly granted to the defendant (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Davis v. Supermarkets Gen. Corp., 205 A.D.2d 730; Kane v. Human Servs. Ctr., 186 A.D.2d 539; Benware v. Big V Supermarkets, 177 A.D.2d 846). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.