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BATIANCELA v. STATEN ISLAND MALL

189 A.D.2d 743 (1993)

Maryann Batiancela, Respondent, v. Staten Island Mall et al., Appellants

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

January 11, 1993

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

In this "slip-and-fall" case, in order for the plaintiff to make out a prima facie case, she had to demonstrate that the defendants created the condition which caused the accident or that they had actual or constructive notice of the condition (see, Pirillo v Longwood Assocs., 179 A.D.2d 744). There is no evidence that the...

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