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FRANCO v. D'AGOSTINO SUPERMARKETS, INC.

34 A.D.3d 328 (2006)

824 N.Y.S.2d 269

CHARLES A. FRANCO, Appellant, v. D'AGOSTINO SUPERMARKETS, INC., Respondent.

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

Decided November 16, 2006.

In response to defendant's prima facie showing, plaintiff failed to raise an issue of fact as to notice. "To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" (Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837 [1986]). The evidence offered by plaintiff was insufficient...

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