DYKEMAN v. GR. AT. & PAC. TEA CO.


72 Misc.2d 257 (1972)

Lillian Dykeman, Plaintiff, v. Great Atlantic and Pacific Tea Co., Inc., Defendant.

Civil Court of the City of New York, Queens County.

December 5, 1972


Attorney(s) appearing for the Case

Bernard R. McConville for plaintiff. Weisman, Celler, Allan, Spett & Sheinberg (Daniel L. Goldfarb of counsel), for defendant.


CHARLES H. COHEN, J.

The question presented in this case is whether defendant, owner of a supermarket, had constructive notice of a foreign substance on the floor constituting a dangerous condition which caused injuries to plaintiff, where the only proof of such notice was testimony concerning the existence of that substance after plaintiff had stepped into it and had fallen. At first blush, the proof of such notice, where there was no specific testimony...

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