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ROBINSON v. LUPO

261 A.D.2d 525 (1999)

690 N.Y.S.2d 640

DONNA ROBINSON, Appellant, v. NICHOLAS LUPO et al., Respondents.

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

Decided May 17, 1999.

Ordered that the order and judgment is affirmed, with costs.

In order to establish a prima facie case of negligence in a slip and fall case, the plaintiff is required to present proof that the defendants created, or had actual or constructive notice of, the defective condition which allegedly caused her to fall (see, Capraro v Staten Is. Univ. Hosp., 245 A.D.2d 256; Katsoris v Waldbaum, Inc., 241 A...

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