SCHNEIDER v. 17 BATTERY PLACE NORTH ASSOCIATES II


289 A.D.2d 164 (2001)

735 N.Y.S.2d 509

ELAINE SCHNEIDER, Appellant, v. 17 BATTERY PLACE NORTH ASSOCIATES II et al., Respondents.

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

Decided December 27, 2001.


Plaintiff alleges that she slipped and fell on garbage consisting of discarded food in the basement lobby near the service entrance of defendant Battery Park Café, Inc., and that defendants had actual or constructive notice of the garbage on the floor. At the time of the accident, August 1995, defendant Regal Management was the managing agent of the building where the restaurant is located, and was responsible for garbage removal. Regal also oversaw cleaning of the common...

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