RODRIGUEZ v. NOTRE DAME ACADEMY OF STATEN ISLAND


274 A.D.2d 509 (2000)

712 N.Y.S.2d 371

GUISELLA RODRIGUEZ et al., Appellants, v. NOTRE DAME ACADEMY OF STATEN ISLAND, Defendant and Third-Party Plaintiff-Respondent. VAN ALPEN BROTHERS, INCORPORATED, Third-Party Defendant-Respondent.

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

Decided July 24, 2000.


Ordered that the order is affirmed, with one bill of costs.

It is well settled that in order to impose liability on an owner of real property when a plaintiff slips and falls on a patch of ice, a plaintiff must demonstrate either that the owner created the dangerous condition or had actual or constructive notice of its existence (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836; Marasia v Noyl Coram, Inc...

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