BATISTA v. KFC NATIONAL MANAGEMENT COMPANY


21 A.D.3d 917 (2005)

801 N.Y.S.2d 336

CARMEN BATISTA, Respondent, v. KFC NATIONAL MANAGEMENT COMPANY et al., Appellants.

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

September 12, 2005.


Ordered that the order is affirmed, with costs.

The plaintiff alleges that she slipped and fell as a result of the presence of wood chips on a public sidewalk adjacent to property owned and/or leased and maintained by the defendants. The plaintiff further alleges that these chips emanated from planted areas on the defendants' property.

A plaintiff in a slip-and-fall case must demonstrate that the defendant either created the defective condition or had actual...

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