Gass v. Inserra Supermarkets, Inc.

Full title: KATHRYN GASS et al., Appellants, v. INSERRA SUPERMARKETS, INC., Respondent

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

Date published: Oct 20, 1997

243 A.D.2d 609 (N.Y. App. Div. 1997)

668 N.Y.S.2d 899

Opinion

October 20, 1997

Appeal from the Supreme Court, Rockland County (Sherwood, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. There is no evidence that the defendant had either actual or constructive notice of the substance on the floor which allegedly caused the plaintiff Kathryn Gass to fall ( see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836).

Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.