Madrid v. City of New York

Memorandum. The order of the Appellate Division should be affirmed.

The facts presented in this record, assessed in the light most favorable to the plaintiff (see Sagorsky v Malyon, 307 NY 584, 586), fail to reveal any evidence of notice, either actual or constructive, necessary to cast respondents in damages (e.g., Silva v American Irving Sav. Bank, 31 AD2d 620, affd 26 NY2d 727). A light drizzle on a damp October morning preceding the five-minute interval between the opening of Bellevue Hospital’s out-patient clinic and plaintiffs fall on its terrazzo entrance created neither an inherently…