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EDWARDS v. 727 THROGS NECK EXPRESSWAY, INC.

24 A.D.3d 290 (2005)

808 N.Y.S.2d 28

RAINI EDWARDS, Appellant, v. 727 THROGS NECK EXPRESSWAY, INC., et al., Defendants, and THROGS NECK EXTENDED CARE FACILITY et al., Respondents.

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

December 22, 2005.

The action was properly dismissed for lack of evidence that defendants received any complaints or otherwise acquired actual notice of the alleged wetness, or that the wetness had existed for a sufficient period of time for defendants to have acquired constructive notice (see Matcovsky v. Days Hotel, 10 A.D.3d 557 [2004]). That it had been snowing, and that defendants had a security guard posted near where plaintiff fell, do not,...

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