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PESA v. GENERAL ELECTRIC COMPANY

300 A.D.2d 53 (2002)

752 N.Y.S.2d 290

DARKA PESA et al., Appellants, v. GENERAL ELECTRIC COMPANY, Respondent.

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

Decided December 5, 2002.

Plaintiff's common-law negligence claim was properly dismissed for lack of evidence that the plaque, which like the other items on the credenza, had stood on the credenza in the same position without incident or complaint for years and was dusted by plaintiff once a week, constituted a foreseeable hazard. There is no evidence that the danger was created by defendant or was visible and apparent for a sufficient period of time for...

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