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KELLER v. CITY OF NEW YORK

260 A.D.2d 187 (1999)

687 N.Y.S.2d 374

JOAN KELLER et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided April 8, 1999.

In light of the evidence showing the absence of defendant's custodial aide, whose duty was to clean up any food or drink that fell to the floor, and which indicated that salad had been on the floor of defendants' lunchroom for 20 minutes before plaintiff slipped on it, falling and injuring herself, there was a rational basis for the jury to infer (see, Cohen v Hallmark Cards, 45 N.Y.2d 493, 499) that the complained of hazard had...

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