PENN v. FLEET BANK


12 A.D.3d 584 (2004)

785 N.Y.S.2d 107

JUDITH PENN, Appellant, v. FLEET BANK et al., Respondents.

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

November 22, 2004.


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

To impose liability upon the defendants for the plaintiff's fall, there must be evidence tending to show the existence of a dangerous or defective condition and that the defendants either created the condition or had actual or constructive notice of it and failed to remedy it within a reasonable time (see Christopher v New York City Tr...

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