SALKEY v. NEW YORK RACING ASS'N


243 A.D.2d 621 (1997)

665 N.Y.S.2d 521

Stanford Salkey et al., Respondents, v. New York Racing Association et al., Appellants

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

October 20, 1997


Ordered that the order is reversed, on the law, with one bill of costs, the motions are granted, and the complaint is dismissed.

The plaintiff Stanford Salkey alleged that he was injured when he slipped on a wet substance on the floor of the clubhouse at Aqueduct Racetrack. In order to establish a prima facie case of negligence in a slip-and-fall case, a plaintiff must demonstrate that the defendant either created the condition which caused his or her fall, or had...

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