Legal Opinion
Earle v. Channel Home Center, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 1990PublishedCited by 14 opinions
1Opinion of the Court
*508In this slip-and-fall case, we find that the trial court properly set aside the verdict and dismissed the complaint. The plaintiff did not demonstrate that either of the defendants had actual or constructive notice of the alleged unsafe conditiqn which caused him to fall and suffer injuries (see, Gordon v American Museum of Natural History, 67 NY2d 836, 837-838; see also, Payne v Big V Supermarkets, 140 AD2d 422, 423). Moreover, the plaintiff merely speculated as to what caused him to fall. Failure to prove what actually caused him to fall where, as in this case, there could be many causes,…
2Cases cited4 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Bernstein v. City of New YorkNew York Court of Appeals · 1987
- Payne v. Big V Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Felgenhauer v. Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by14 opinions
- Hartman v. Mountain Valley Brew Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Garvin v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1994
- Dapp v. LarsonAppellate Division of the Supreme Court of the State of New York · 1997
- Elliot v. Long Island Home, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Leary v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1995
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