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MATIAS v. REBECCA'S BAKERY CORP.

44 A.D.3d 429 (2007)

843 N.Y.S.2d 263

PHILLIP MATIAS, Respondent, v. REBECCA'S BAKERY CORP. et al., Appellants.

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

Decided October 11, 2007.

Defendants have not adduced sufficient evidence to remove any issue of fact that they neither created nor had actual or constructive notice of the hazard. Nor did they indicate when they had last inspected the floor before the accident (Joachim v 1824 Church Ave., Inc., 12 A.D.3d 409 [2004]). Given that the accident occurred in the kitchen area, a center of activity for the bakery that was not frequented by patrons, a trier of the...

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