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PANETTA v. PHOENIX BEVERAGES, INC.

29 A.D.3d 659 (2006)

816 N.Y.S.2d 122

ROCCO PANETTA, Appellant, v. PHOENIX BEVERAGES, INC., Respondent, and NERESCO PROPERTIES, INC., Defendant.

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

May 9, 2006.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence in a slip-and-fall case, a plaintiff must show that the defendant either created the condition which caused the accident, or that it had actual or constructive notice of the condition (see Piacquadio v Recine Realty Corp., 84 N.Y.2d 967 [1994]; Todd v City of New York, 19 A.D.3d 587 [2005...

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