From Casetext: Smarter Legal Research

Hartmann v. H.K.E. Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1996
228 A.D.2d 558 (N.Y. App. Div. 1996)

Opinion

June 17, 1996

Appeal from the Supreme Court, Westchester County (Barone, J.).


Ordered that the order is affirmed, with costs.

The plaintiff Ingrid Hartmann allegedly slipped and fell on a foreign substance on the dance floor at the Taconic Brau Haus, although the substance was never specifically identified. The plaintiffs contend that the defendants were on constructive notice of this alleged dangerous condition because, one-half-hour earlier, one of their dinner companions noticed that an area of the floor near where the injured plaintiff fell was slippery.

Contrary to the plaintiffs' contention, this evidence is insufficient for any trier of fact to infer that the defendants had constructive notice of any alleged dangerous condition (see, Moss v. JNK Capital, 211 A.D.2d 769). Without any evidence that the alleged dangerous condition was visible and apparent for a sufficient period of time, the complaint must be dismissed (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Moss v. JNK Capital, supra). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

The plaintiffs' remaining contentions are without merit. Miller, J.P., Ritter, Krausman and McGinity, JJ., concur.


Summaries of

Hartmann v. H.K.E. Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1996
228 A.D.2d 558 (N.Y. App. Div. 1996)
Case details for

Hartmann v. H.K.E. Realty Corp.

Case Details

Full title:INGRID HARTMANN et al., Appellants, v. H.K.E. REALTY CORP. et al.…

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

Date published: Jun 17, 1996

Citations

228 A.D.2d 558 (N.Y. App. Div. 1996)
644 N.Y.S.2d 331

Citing Cases

Florio v. Memorare Club, Inc.

The record is devoid of any evidence that the defendants created any allegedly dangerous conditions on the…

Cantalupo v. John Anthony's Water Cafe

The plaintiffs contend that the defendant had constructive notice of this alleged dangerous condition because…