SPRAGUE v. PROFOODS RESTAURANT SUPPLY, LLC

3488, 18270/06.

77 A.D.3d 585 (2010)

909 N.Y.S.2d 75

DONALD SPRAGUE, Respondent, v. PROFOODS RESTAURANT SUPPLY, LLC, et al., Appellants, et al., Defendant.

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

Decided October 28, 2010.


While the evidence submitted by defendants in this slip-and-fall case was sufficient to establish that they neither created the alleged icy hazard nor had actual knowledge of it, the evidence was insufficient to establish as a matter of law that they lacked constructive notice of it (see Lebron v Napa Realty Corp., 65 A.D.3d 436 [2009]; Moser v BP/CG Ctr. I, LLC, 56 A.D.3d 323...

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