LUZINSKI v. KENVIC ASSOCS.


242 A.D.2d 246 (1997)

662 N.Y.S.2d 27

Mary A. Luzinski, Respondent, v. Kenvic Associates, Appellant. (And a Third-Party Action.)

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

August 28, 1997


Plaintiff commenced this action for personal injuries sustained when she slipped and fell outside premises known as 875 Third Avenue, New York, New York (the "Premises"). The record does not support a finding of either actual or constructive notice to the defendant, the owner of the Premises, of the existence of the allegedly dangerous condition, a one inch by six inches patch of icy substance on the sidewalk in front of the Premises. Although actual notice was pleaded by...

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