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Patrick v. Cho's Fruit & Vegetables

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 692 (N.Y. App. Div. 1998)

Opinion

March 30, 1998

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the order is affirmed, with costs.

The plaintiff claims that the defendants were negligent in allowing water which they used to wash produce in their store to run off and create a wet surface on the adjacent sidewalk. In order to impose liability upon the defendants, there must be evidence tending to show the existence of a dangerous or defective condition and that the defendants either created the condition or had actual or constructive knowledge of it (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836). The mere fact that the sidewalk was wet was not sufficient to establish a dangerous condition (see, Marks v. Andros Broadway, 38 A.D.2d 926, affd 32 N.Y.2d 727).

With regard to the plaintiff's claim that a vegetable leaf on the sidewalk was an additional cause of her fall, the plaintiff failed to show that the defendants created the condition or had actual or constructive notice thereof (see, Bogart v. Woolworth Co., 24 N.Y.2d 936).

Rosenblatt, J. P., Sullivan, Joy and Luciano, JJ., concur.


Summaries of

Patrick v. Cho's Fruit & Vegetables

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 692 (N.Y. App. Div. 1998)
Case details for

Patrick v. Cho's Fruit & Vegetables

Case Details

Full title:DELLA PATRICK, Appellant, v. CHO'S FRUIT VEGETABLES et al., Respondents

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

Date published: Mar 30, 1998

Citations

248 A.D.2d 692 (N.Y. App. Div. 1998)
671 N.Y.S.2d 274

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