EL-TAHER v. MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES


266 A.D.2d 92 (1999)

698 N.Y.S.2d 470

ELIZABETH EL-TAHER, Respondent, v. MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES, Appellant.

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

Decided November 18, 1999.


A triable issue of fact exists as to whether defendant had constructive notice of the puddle of water in defendant's cafeteria that allegedly caused plaintiff to slip and fall, where the documentary and testimonial evidence demonstrates that this condition may have been observed as much as a half hour prior to the occurrence (see, Rose v Da Ecib USA, 259 A.D.2d 258

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