Weisenthal v. Pickman

Balletta, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: I respectfully disagree with the conclusion reached by my colleagues and vote to affirm the judgment. In my view, the plaintiff’s evidence was insufficient to raise a question of fact for the jury on the issue of the defendants’ constructive notice of the alleged substance that it is claimed caused her to fall. Accordingly, the trial court properly granted the defendants’ motion to dismiss the complaint at the close of plaintiff’s case (see, Sherman v Tamarack Lodge, 146 AD2d 767).

It is well…