WALLACE v. DORAL TUSCANY HOTEL


302 A.D.2d 255 (2003)

755 N.Y.S.2d 381

GWENDOLYN WALLACE, Appellant, v. DORAL TUSCANY HOTEL, Respondent.

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

Decided February 18, 2003.


The complaint was properly dismissed for lack of evidence that the water allegedly present in the hotel stairwell between the 7th and 8th floors where plaintiff slipped and fell was "visible and apparent and [in existence] for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" (Gordon v American Museum of Natural History, 67 N.Y.2d 836

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