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BENDER v. DAN'S SUPREME SUPERMARKETS, INC.

71 A.D.2d 636 (1979)

Khaya Bender, Appellant, v. Dan's Supreme Supermarkets, Inc., Respondent

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

July 16, 1979

Order and judgment affirmed, without costs or disbursements.

On September 29, 1976 plaintiff slipped and fell in defendant supermarket. There is no evidence that defendant had notice of any condition or substance on the floor that could have caused the fall. "Proof of notice, either actual or constructive, has always been said to be essential to recovery by a customer who has fallen because of a foreign substance on the floor of a supermarket or store" (Cameron...

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