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O'CALLAGHAN v. GREAT ATLANTIC & PACIFIC TEA COMPANY

294 A.D.2d 416 (2002)

742 N.Y.S.2d 358

TERESA O'CALLAGHAN, Appellant, v. GREAT ATLANTIC & PACIFIC TEA COMPANY et al., Respondents.

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

Decided May 13, 2002.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence in a slip and fall case, a plaintiff must demonstrate that the defendant created the condition that caused the accident, or that the defendant had actual or constructive notice of the condition (see Rabadi v Atlantic & Pac. Tea Co., 268 A.D.2d 418; Rotunno v Pathmark, 220 A.D.2d 570...

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