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KATCHER v. IDEAL TENNIS, INC.

65 A.D.2d 751 (1978)

Monroe I. Katcher, Appellant, v. Ideal Tennis, Inc., Respondent. (And Third- and Fourth-Party Actions.)

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

November 6, 1978

Judgment affirmed, with costs.

We agree with the trial court that the plaintiff has failed to establish either actual or constructive notice of the alleged defect on the part of the defendant sufficient to impose liability. Such proof constitutes a requisite element of the plaintiff's prima facie case (see Bogart v Woolworth Co., 24 N.Y.2d 936, 937, revg 31 A.D.2d 685; Dowling v Woolworth...

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