SECCHI v. WALDBAUM, INC.


270 A.D.2d 329 (2000)

704 N.Y.S.2d 134

RICHARD SECCHI, Appellant, v. WALDBAUM, INC., Respondent.

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

Decided March 13, 2000.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment. After the defendant made out a prima facie case for summary judgment, the plaintiff failed to present any evidence that the defendant either created the alleged hazardous condition or had prior actual or constructive notice of the existence of the piece of wood which the plaintiff claims he tripped over (see, Gordon v American Museum of...

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