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GAFNER v. PIERS

27 A.D.3d 353 (2006)

812 N.Y.S.2d 490

VALENTINA GAFNER, Appellant, v. CHELSEA PIERS, L.P., Respondent.

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

March 23, 2006.

Plaintiff failed to establish that the traffic cone was improperly used on the ice rink or in any way inherently dangerous. Moreover, her testimony clearly established she did not know what caused the traffic cone to fall, and that it fell immediately before she tripped over it. Thus, the evidence established that defendant did not cause or create the allegedly dangerous condition. Nor did defendant have actual or constructive notice...

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