MOODY v. F.W. WOOLWORTH CO.


288 A.D.2d 446 (2001)

732 N.Y.S.2d 645

MILLIE MOODY, Appellant, v. F.W. WOOLWORTH CO., Respondent.

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

Decided November 26, 2001.


Ordered that the order is affirmed, with costs.

To impose liability on a defendant for a slip and fall on an allegedly dangerous condition on a floor, there must be evidence that the dangerous condition existed, and that the defendant either created the condition or had actual or constructive notice of it and failed to remedy it within a reasonable time (see, Miller v Gimbel Bros., 262 N.Y. 107; Bonilla v Starrett City, 270 A.D.2d 377...

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