O'HANLON v. BODOUVA


251 A.D.2d 474 (1998)

674 N.Y.S.2d 436

Joseph O'Hanlon et al., Respondents, v. William N. Bodouva, Jr., et al., Appellants

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

June 15, 1998


Ordered that the order is affirmed, with costs.

It is well settled that a plaintiff in a trip and fall case must demonstrate that the defendant either created the dangerous condition which caused the accident, or that the defendant had actual or constructive notice of the condition and failed to remedy it in a reasonable time. To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident...

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