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ESPRIEL v. NEW YORK DOWNTOWN HOSPITAL

298 A.D.2d 165 (2002)

748 N.Y.S.2d 11

ROBERT ESPRIEL, Appellant, v. NEW YORK DOWNTOWN HOSPITAL, Respondent.

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

Decided October 8, 2002.

Plaintiff testified that on a snowy day he sustained injury when, shortly after entering defendant hospital, he slipped and fell on a wet area of the hospital's lobby floor. However, the trial evidence, fairly considered, supports the verdict in defendant's favor given the paucity of evidence that defendant had notice, actual or constructive, of the alleged hazard (see Nicastro v Park, 113 A.D.2d 129

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