FOX v. KAMAL CORPORATION


271 A.D.2d 485 (2000)

706 N.Y.S.2d 142

HARRIET FOX, Appellant, v. KAMAL CORPORATION, Doing Business as TRADE-FAIR, Respondent.

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

Decided April 10, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff alleged that she slipped on green, leafy vegetable debris in the produce aisle of the defendant's store. To establish a prima facie case of negligence in a slip and fall case, a plaintiff must demonstrate that the defendant created the condition which caused the accident or had actual or constructive notice thereof (see, Bachrach v Waldbaum...

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