Fasolino v. Charming Stores, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

In this negligence action for a slip and fall in defendant’s store, there was no evidence that defendant had notice of any slippery condition prior to plaintiffs fall; the testimony at most showed that defendant’s manager learned of a slippery condition from the fall. In that the evidence was insufficient to establish the element of notice, the complaint should have been dismissed (Anderson v Klein’s Foods, 73 NY2d 835, 836, affg 139 AD2d 904).

The evidence offered by…