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STONE v. KFC OF MIDDLETOWN, INC.

5 A.D.3d 106 (2004)

771 N.Y.S.2d 892

GEORGE STONE et al., Respondents, v. KFC OF MIDDLETOWN, INC., et al., Appellants.

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

March 2, 2004.

To establish a prima facie case in a slip and fall, plaintiff must show that the defendant either created the dangerous condition or had actual or constructive knowledge of the hazard (Lemonda v Sutton, 268 A.D.2d 383 [2000]). Despite defendants' attempt to distinguish between the injured plaintiff's description of where the accident occurred and where his brother had observed the mopping, the evidence allowed for a reasonable inference...

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