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McDUFFIE v. FLEET FINANCIAL GROUP, INC.

269 A.D.2d 575 (2000)

703 N.Y.S.2d 510

WILLIAM McDUFFIE, Respondent, v. FLEET FINANCIAL GROUP, INC., Doing Business as FLEET BANK, Appellant.

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

Decided February 28, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In order to constitute constructive notice, "a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" (Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837; see also, Kraemer v K-Mart...

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