Martinez v. City of Yonkers

—In an action to recover damages for personal injuries, the defendant City of Yonkers appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastsi, J.), entered March 8, 2002, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

A plaintiff in a slip-and-fall case must demonstrate that the defendant either created the dangerous condition which caused the accident or had actual or constructive notice of that condition and failed to…