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Sierra v. State

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 491 (N.Y. App. Div. 1994)

Opinion

March 14, 1994

Appeal from the Court of Claims (Bell, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The claimant, while visiting her daughter, an inmate at the Taconic Correctional Facility, slipped and fell on some pizza sauce which was on the floor of the visiting room. She contends that her fall resulted from the negligence of the State of New York in failing to remove the pizza sauce from the floor prior to her fall. However, a reasonable view of the evidence allowed the court to find that the claimant did not prove that the State had either actual or constructive notice of the dangerous condition and that it had unreasonably failed to correct it (see, Lewis v Metropolitan Transp. Auth., 64 N.Y.2d 670; see also, Bogart v Woolworth Co., 24 N.Y.2d 936, 937; cf., Matter of Fasano v. State of New York, 113 A.D.2d 885, 887-888). Rosenblatt, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Sierra v. State

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 491 (N.Y. App. Div. 1994)
Case details for

Sierra v. State

Case Details

Full title:EDILMA SIERRA, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

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

Date published: Mar 14, 1994

Citations

202 A.D.2d 491 (N.Y. App. Div. 1994)
609 N.Y.S.2d 57

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