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Digiorgio v. Hempstead Realty Associates

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1994
202 A.D.2d 332 (N.Y. App. Div. 1994)

Opinion

March 24, 1994

Appeal from the Supreme Court, New York County (Carol Huff, J.).


In this action for personal injury allegedly sustained as the result of a slip and fall on a wet portion on the floor in the area leading out of defendants' public restroom, plaintiff failed to raise a triable issue as to either defendants' creation of the condition or actual or constructive notice of its existence. Defendant M O Enterprises' president denied actual knowledge of the condition, and plaintiff testified that she did not see the water on the floor when she entered the restroom and did not know how long it had been there, or how long the automatic hand dryers had been inoperable (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837).

Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Tom, JJ.


Summaries of

Digiorgio v. Hempstead Realty Associates

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1994
202 A.D.2d 332 (N.Y. App. Div. 1994)
Case details for

Digiorgio v. Hempstead Realty Associates

Case Details

Full title:JOANNE DIGIORGIO, Appellant, v. HEMPSTEAD REALTY ASSOCIATES et al.…

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

Date published: Mar 24, 1994

Citations

202 A.D.2d 332 (N.Y. App. Div. 1994)
609 N.Y.S.2d 12

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