Kelder v. Alexander's Department Stores, Inc.

Full title: BELLE D. KELDER et al., Appellants, v. ALEXANDER'S DEPARTMENT STORES, INC…

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

Date published: Feb 19, 1976

51 A.D.2d 708 (N.Y. App. Div. 1976)

Opinion

February 19, 1976

Judgment, Supreme Court, Bronx County, entered May 10, 1973, dismissing complaint at close of plaintiffs' case, is unanimously affirmed, without costs and without disbursements. Apart from other deficiencies in plaintiffs' proof, there was no evidence that defendant had notice, either active or constructive, of the claimed dangerous condition.

Concur — Markewich, J.P., Kupferman, Lupiano, Silverman and Lynch, JJ.