TEPLIN v. INN


64 A.D.3d 642 (2009)

881 N.Y.S.2d 897

CAROL TEPLIN et al., Appellants, v. BONWIT INN et al., Respondent. (And a Third-Party Action.)

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

Decided July 14, 2009.


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

The plaintiff Carol Teplin allegedly sustained injuries when she tripped and fell at the defendant restaurant Bonwit Inn. In order to prevail in a trip-and-fall case, the "plaintiff must demonstrate that the defendant had actual or constructive notice of the allegedly defective condition that caused the fall, or created that condition" (Brown v Outback...

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