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SCHISSLER v. ATHENS ASSOCIATES

19 A.D.3d 979 (2005)

798 N.Y.S.2d 175

BRENDA SCHISSLER, Respondent, v. ATHENS ASSOCIATES et al., Appellants.

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

June 30, 2005.

Mugglin, J.

Plaintiff allegedly slipped and fell on a patch of ice in a parking lot owned by defendant Athens Associates (hereinafter defendant), and leased to plaintiff's employer, New York State Dormitory Authority. Lacking evidence of actual notice of the icy condition, plaintiff's claim is dependent on proving that defendant had constructive notice of the dangerous condition and failed, in the exercise of due care, to remediate it (see Orr v Spring,

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