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KRAEMER v. K-MART CORP.

226 A.D.2d 590 (1996)

641 N.Y.S.2d 130

Sally Kraemer et al., Appellants, v. K-Mart Corporation, Respondent

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

April 22, 1996

Ordered that the order is affirmed, without costs or disbursements.

In order for a plaintiff in a slip and fall case to establish a prima facie case of negligence, the plaintiff must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition (see, Eddy v Tops Friendly Mkts., 91 A.D.2d 1203, affd 59...

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