BACHRACH v. WALDBAUM, INC.


261 A.D.2d 426 (1999)

689 N.Y.S.2d 531

GAIL BACHRACH et al., Appellants, v. WALDBAUM, INC., Respondent.

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

Decided May 10, 1999.


Ordered that the order is affirmed, with costs.

In order for a plaintiff in a slip-and-fall case to establish a prima facie case of negligence, he or she must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition (see, Kraemer v K-Mart Corp., 226 A.D.2d 590; Bykofsky v Waldbaum's Supermarkets, 210 A.D...

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