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JOSEPH v. CHASE MANHATTAN BANK

277 A.D.2d 96 (2000)

716 N.Y.S.2d 390

WILHEMINA JOSEPH, Appellant, v. CHASE MANHATTAN BANK et al., Respondents.

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

Decided November 16, 2000.

The action was properly dismissed absent any evidence as to the size of the puddle on which plaintiff allegedly slipped and how long it was present before the accident. The fact that it had been raining for several hours before the accident does not, without more, permit an inference of constructive notice (see, O'Rourke v Williamson, Picket, Gross, 260 A.D.2d 260; cf., Cottingham v Hammerson Fifth Ave., 259...

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