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LARSEN v. CONGREGATION B'NAI JESHURUN OF STATEN ISLAND

29 A.D.3d 643 (2006)

815 N.Y.S.2d 187

RUTH ANN LARSEN, Appellant, v. CONGREGATION B'NAI JESHURUN OF STATEN ISLAND, Defendant and Third-Party Plaintiff-Respondent. EXCLUSIVE CATERING BY KAPLAN, INC., Third-Party Defendant.

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

May 9, 2006.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

To prove a prima facie case of negligence in a trip-and-fall case, a plaintiff is required to show that the defendant created the condition which caused the accident or that the defendant had actual or constructive notice of the condition (see Cruceta v Funnel Equities, Inc., 18 A.D.3d 693, 694 [2005]; Nicklas v Tedlen Realty Corp.,

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