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DOMBROWER v. MAHARIA REALTY CORP.

296 A.D.2d 353 (2002)

745 N.Y.S.2d 167

REGINA DOMBROWER et al., Respondents, v. MAHARIA REALTY CORP., Appellant.

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

Decided July 18, 2002.

In order to constitute constructive notice, "a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant[ ] * * * to discover and remedy it" (Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837). Neither the injured plaintiff Regina Dombrower nor her husband, plaintiff Morris Dombrower, could identify the substance on which she slipped. Moreover, plaintiffs...

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