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DOWLING v. F. W. WOOLWORTH CO.

16 A.D.2d 672 (1962)

Marion A. Dowling, Respondent, v. F. W. Woolworth Co., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1962

Judgment reversed on the law and the facts, without costs, and complaint dismissed.

In our opinion, there was a complete absence of proof that defendant had actual or constructive notice of the presence of the foreign substance on the floor upon which plaintiff slipped, or that defendant or its employees created the dangerous condition. Without such proof plaintiff may not recover and the complaint must be dismissed (cf...

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