DUHAR v. KIM


228 A.D.2d 339 (1996)

644 N.Y.S.2d 247

Karla Duhar, Appellant, v. Soon Ja Kim, Doing Business as Miss Kim's, et al., Respondents

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

June 20, 1996


No issue of fact exists as to whether defendants had constructive notice of the puddle that caused plaintiff to fall. Plaintiff's deposition testimony that she did not see any debris or water on the store floor for the 10 minutes she was in the store before she fell, and defendants' employees' testimony that nothing was on the floor at the time of the accident and that it was cleaned three times a day, established prima facie that the alleged condition was not "visible and...

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