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SARABIA v. HILAIRE FARM NURSING HOME

250 A.D.2d 586 (1998)

672 N.Y.S.2d 394

William Sarabia, Appellant, v. Hilaire Farm Nursing Home, Sued Herein as Hilaire Nursing Home, Respondent. (And a Third-Party Action.)

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

May 4, 1998

Ordered that the order is affirmed, with costs.

In this slip and fall case, it was incumbent upon the plaintiff to come forward with evidence showing that the defendant had either created the allegedly dangerous condition or that it possessed actual or constructive notice of the condition. "To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to...

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