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SANCHEZ-ACEVEDO v. MARIOTT HEALTH CARE SERVICE

270 A.D.2d 244 (2000)

707 N.Y.S.2d 118

MIRIAM SANCHEZ-ACEVEDO, Appellant, v. MARIOTT HEALTH CARE SERVICE, Respondent.

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

Decided March 6, 2000.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence, the plaintiff in a slip and fall case 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, Kaplan v Waldbaum's Inc., 231 A.D.2d 680). In this case, the defendant satisfied its burden on the motion for summary judgment by...

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