BIRTHWRIGHT v. MID-CITY SECURITY, INC.


268 A.D.2d 401 (2000)

702 N.Y.S.2d 325

ADRIENNE BIRTHWRIGHT et al., Appellants, v. MID-CITY SECURITY, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided January 10, 2000.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff Adrienne Birthwright allegedly slipped and fell on a rainy day on the lobby floor of an office building owned by the defendant Lefrak Organization, Inc. She testified at her deposition that she "slipped on a little puddle of water" and that the water was "dirty". It is well settled that a plaintiff in a so-called "slip and fall" case must demonstrate that the defendant...

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