McCORMICK v. PATRIOT ASSOCIATES


292 A.D.2d 573 (2002)

739 N.Y.S.2d 443

PAUL McCORMICK, Appellant, v. PATRIOT ASSOCIATES et al., Respondents.

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

Decided March 25, 2002.


Ordered that the order is affirmed, with costs.

The plaintiff was injured when he slipped and fell on ice underneath a puddle of water in a parking lot owned by the defendant Patriot Associates and managed by the defendant Alfred Weissman Real Estate, Inc. It is well settled that to impose liability in a slip and fall case, the plaintiff must show that the defendant affirmatively created the defect that caused the accident, or had actual or constructive notice of...

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