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EARLE v. CHANNEL HOME CTR., INC.

158 A.D.2d 507 (1990)

Edmund E. Earle, Appellant, v. Channel Home Center, Inc., et al., Respondents. (And a Third-Party Action.)

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

February 13, 1990

Ordered that the judgment is affirmed, with one bill of costs.

In this slip-and-fall case, we find that the trial court properly set aside the verdict and dismissed the complaint. The plaintiff did not demonstrate that either of the defendants had actual or constructive notice of the alleged unsafe condition which caused him to fall and suffer injuries (see, Gordon v American Museum of Natural History,

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