FIEBIGER v. JAY-K LUMBER, INC.

CA 10-01333.

81 A.D.3d 1311 (2011)

916 N.Y.S.2d 545

HENRY FIEBIGER, Appellant, v. JAY-K LUMBER, INC., Respondent.

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

Decided February 10, 2011.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order dismissing the complaint following a bench trial on the issue of liability. We affirm. "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 [that] caused the accident[ ] or that it had actual or constructive...

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