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Phoebe v. Rochdale Village, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 340 (N.Y. App. Div. 1997)

Opinion

March 10, 1997.

In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Rutledge, J.), entered November 21, 1995, which, upon the granting of the defendant's motion to dismiss the complaint at the close of the defendant's case, dismissed the complaint.

Before: O'Brien, J.P., Santucci, Joy and Friedmann, JJ.


Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly dismissed the complaint, since, giving the plaintiff "`the benefit of every favorable inference which can reasonably be drawn from [the] facts' "( McCummings v New York City Tr. Auth., 81 NY2d 923, 926), the plaintiff failed to establish that the defendant created the condition which allegedly caused her to slip and fall ( Russell v Meat Farms, 160 AD2d 987; Fink v Board of Educ., 111 AD2d 704). Nor was there any evidence that the defendant had notice, either actual or constructive, of the allegedly defective condition.

The Plaintiff's remaining contentions are without merit.


Summaries of

Phoebe v. Rochdale Village, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 340 (N.Y. App. Div. 1997)
Case details for

Phoebe v. Rochdale Village, Inc.

Case Details

Full title:AFI PHOEBE, Appellant, v. ROCHDALE VILLAGE, INC., Respondent

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

Date published: Mar 10, 1997

Citations

237 A.D.2d 340 (N.Y. App. Div. 1997)
655 N.Y.S.2d 424