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MULLIN v. 100 CHURCH LLC

12 A.D.3d 263 (2004)

784 N.Y.S.2d 545

DIANE MULLIN, Appellant, v. 100 CHURCH LLC et al., Respondents.

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

November 18, 2004.

To establish a prima facie case of negligence in a slip and fall case, a plaintiff must demonstrate that the defendant created the condition that caused the accident or had actual or constructive notice of it (see Uhlich v Canada Dry Bottling Co. of N.Y., 305 A.D.2d 107, 107 [2003]). Constructive notice arises from a defect that is visible and apparent and has existed for a sufficient length of time before the accident to permit...

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