EISIG v. WEINSTEIN


279 A.D.2d 549 (2001)

719 N.Y.S.2d 284

SARA EISIG, Respondent, v. ELI WEINSTEIN, Appellant, et al., Defendant.

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

Decided January 22, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

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

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