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CURTO v. KING KULLEN GROCERY CO., INC.

251 A.D.2d 531 (1998)

673 N.Y.S.2d 923

Della Curto, Appellant, v. King Kullen Grocery Company, Inc., Respondent

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

June 22, 1998

Ordered that the order is affirmed, with costs.

It is well settled that a plaintiff in a slip-and-fall case must establish that the defendant either created the defective condition or had actual or constructive notice of it. 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 to permit the defendant's employees to discover and remedy...

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