Padula v. Big V Supermarkets, Inc.

Mahoney, P. J., and Crew III, J.,

dissent and vote to reverse in a memorandum by Crew III, J. Crew III, J. (dissenting). We respectfully dissent.

While we concur with the majority that there was sufficient evidence presented from which a jury could have concluded the existence of a dangerous condition and constructive notice thereof, we are of the opinion that Supreme Court erred in charging the jury that it need not consider the issue of notice if it determined that defendant created the hazardous condition.

There is no doubt that if defendant, by affirmative act, created the dangerous…