RODRIGUEZ v. LaSORSA BUICK-PONTIAC-CHEVROLET-GEO, INC.


12 A.D.3d 174 (2004)

784 N.Y.S.2d 56

NOEL RODRIGUEZ et al., Appellants, v. LaSORSA BUICK-PONTIAC-CHEVROLET-GEO, INC., Respondent.

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

November 4, 2004.


Plaintiff seeks to recover for injuries allegedly sustained when he slipped on a patch of oil on the floor of defendant's automobile service station. The record, however, affords no basis to support an inference that defendant had notice, actual or constructive, of the hazard. There is no evidence that the complained-of hazard existed until just before plaintiff's accident. Indeed, there is evidence that plaintiff himself created the hazard shortly before slipping upon it...

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