STRAUS v. BAGELS


281 A.D.2d 470 (2001)

721 N.Y.S.2d 773

MEYER STRAUS, Appellant, v. TURNPIKE BAGELS, Respondent.

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

Decided March 12, 2001.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell on a yellow plastic band on the ground outside the defendant's store. After the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created the condition which caused the accident, nor had actual or constructive notice thereof (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836<...

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