GATANAS v. PICNIC GARDEN B.B.Q. BUFFET HOUSE


305 A.D.2d 457 (2003)

761 N.Y.S.2d 77

CRISEL M. GATANAS, Appellant, v. PICNIC GARDEN B.B.Q. BUFFET HOUSE, Respondent.

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

Decided May 12, 2003.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on a puddle of water on the floor of the defendant's restaurant. She contends that the condition which caused her fall was created when an employee of the defendant spilled water from a pitcher while filling glasses before carrying them to the customers' tables. Since there is no proof that the defendant had actual or constructive notice of the spilled water, and the plaintiff...

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