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SARNO v. COURT ST. INVESTORS

240 A.D.2d 391 (1997)

658 N.Y.S.2d 1021

James Sarno, Appellant, v. Court Street Investors et al., Respondents, et al., Defendant

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

June 2, 1997

Ordered that the interlocutory judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court correctly charged the jury that in order to find the respondents negligent it must find that they had actual or constructive notice of the unsafe condition. The court properly refused to charge the jury regarding vicarious liability (cf., Thomassen v J & K Diner, 152 A.D.2d 421).

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