GRIER v. R. H. MACY & CO., INC.


173 A.D.2d 238 (1991)

Joseph Grier et al., Appellants, v. R. H. Macy & Co., Inc., Respondent and Third-Party Plaintiff-Respondent. La Shellda Maintenance Corp., Third-Party Defendant-Respondent

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

May 9, 1991


Constructive notice requires a showing of a hazardous condition that was not only visible and apparent before the accident, but also in existence a sufficient length of time to allow the defendant to observe and remove it. Plaintiffs' failure to meet that test creates the possibility that the condition may have emanated only moments before the accident, through no fault or with no knowledge of the defendant, any other conclusion being pure speculation (Gordon v American...

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