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GUTTIEREZ v. LENOX HILL NEIGHBORHOOD HOUSE, INC.

4 A.D.3d 138 (2004)

771 N.Y.S.2d 513

CARMEN GUTTIEREZ, Appellant, v. LENOX HILL NEIGHBORHOOD HOUSE, INC., Respondent.

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

February 10, 2004.

Inasmuch as the evidence of record demonstrates that the complained-of hazard upon defendant's premises, a wet locker room floor, was not visible and apparent, much less visible and apparent for a sufficient period to permit its discovery and remediation, the complaint was properly dismissed (see Gordon v American Museum of Natural History, 67 N.Y.2d 836 [1986]; Uhlich v Canada Dry Bottling...

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