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PORCO v. MARSHALLS DEPARTMENT STORES

30 A.D.3d 284 (2006)

817 N.Y.S.2d 268

MARIA PORCO, Respondent, v. MARSHALLS DEPARTMENT STORES et al., Appellants.

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

June 22, 2006.

Plaintiff allegedly slipped on a clear liquid substance in the aisle of defendants' store. The record, including plaintiff's description of the configuration of the substance and defendants' witness's observation of the same, indicates that the substance was visible and apparent. Plaintiff's failure to notice the hazard prior to her fall did not conclusively establish defendants' lack of notice (see Wade-Westbrooke v Eshaghian...

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