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VAIS v. WALDBAUM, INC.

220 A.D.2d 739 (1995)

633 N.Y.S.2d 994

Michele Vais et al., Appellants, v. Waldbaum, Inc., Respondent

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

October 30, 1995

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to raise a genuine issue of fact regarding whether the defendant had actual or constructive notice of the condition that caused the injured plaintiff to fall. Accordingly, summary judgment was properly granted to the defendant (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836; Davis v Supermarkets...

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