Fundaro v. City of New York

Santucci, J. P.,

dissents and votes to reverse the judgment, grant the defendants’ motion for judgment as a matter of law, and dismiss the complaint with the following memorandum: The plaintiff alleged that he was injured when he slipped and fell on a wet paper towel as he descended a staircase which led into a cafeteria within a New York City high school. It is well settled that to establish negligence in a slip' and fall case, the plaintiff must demonstrate that defendant had actual or constructive notice of the defective condition which caused the accident, or that the defendant created the…