PACIELLO v. MAY DEPARTMENT STORES COMPANY


263 A.D.2d 533 (1999)

694 N.Y.S.2d 96

ANNE M. PACIELLO et al., Respondents, v. MAY DEPARTMENT STORES COMPANY, Doing Business as LORD & TAYLOR, et al., Appellants.

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

Decided July 26, 1999.


Ordered that the order is reversed, on the law, with one bill of costs, the appellants' motions are granted, the plaintiffs' cross motion is denied, and the complaint is dismissed.

In order to constitute constructive notice, "a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" (Gordon v American Museum of Natural History, 67...

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