Palestrini v. New York City Health & Hospitals Corp.

In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Garry, J.), entered June 23, 1992, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $350,000.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

The plaintiff failed to present evidence sufficient to establish that the defendant had actual or constructive notice of the coffee spilled on the floor of its lobby, with the result that the defendant cannot be held liable for the…