SCHAFRAN v. OCEAN SURF APARTMENT CORPORATION


293 A.D.2d 518 (2002)

739 N.Y.S.2d 847

PHOEBE SCHAFRAN, Appellant, v. OCEAN SURF APARTMENT CORPORATION, Respondent.

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

Decided April 8, 2002.


Ordered that the judgment is affirmed, with costs.

To establish a prima facie case of negligence, the plaintiff must demonstrate either that the defendant created the dangerous or defective condition that caused the incident, or that he had actual or constructive notice of the condition (see Gordon v American Museum of Natural History, 67 N.Y.2d 836; Dima v Breslin Realty, 240 A.D.2d 359

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