Legal Opinion
Payne v. Big V Supermarkets, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1988PublishedCited by 12 opinions
1Opinion of the Court
The plaintiff slipped and fell in the aisle of the defendant’s supermarket. She commenced the instant action to recover damages for the injuries sustained as a result of the fall. In order to impose liability upon the defendant, there must be evidence tending to show that it created the condition which caused the accident or that it had actual or constructive *423notice of that condition (see, Lewis v Metropolitan Transp. Auth., 64 NY2d 670, affg 99 AD2d 246; Eddy v Tops Friendly Mkts., 59 NY2d 692, affg 91 AD2d 1203). "To constitute constructive notice, a defect must be visible and apparent and…
2Cases cited5 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Lewis v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1984
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
- Eddy v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by12 opinions
- Lowrey v. Cumberland Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Earle v. Channel Home Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Thompson v. Pizza Hut of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Melton v. E.P.S. Hair Design, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Bronx County Public Administrator v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
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