BOWERS v. VIAL


78 A.D.2d 534 (1980)

James Bowers, Appellant, v. Paula A. Vial et al., Respondents

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

September 15, 1980


Judgment affirmed, with one bill of costs.

Trial Term correctly concluded that the defendants had no notice, either actual or constructive, of the slippery substance on the stairway upon which the plaintiff fell. There was a complete absence of proof as to how the substance got on the stairway or that either of the defendants or their employees created the condition (see Bogart v Woolworth Co., 24 N.Y.2d 936, 937; Lavine...

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