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KANTLIS v. 31-08 CAFE CONCHERTO, INC.

282 A.D.2d 713 (2001)

724 N.Y.S.2d 327

KOSTATINOS KANTLIS, an Infant, by His Mother and Natural Guardian, GEORGIA KANTLIS, et al., Appellants, v. 31-08 CAFE CONCHERTO, INC., Doing Business as CAFE CONCHERTO, Respondent.

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

Decided April 30, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

It is well settled that a plaintiff in a slip-and-fall case must demonstrate that the defendant created the dangerous condition which caused the accident, or had actual or constructive notice of that condition and failed to remedy it within a reasonable time (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836

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