Katcher v. Ideal Tennis, Inc.

In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered August 19, 1976, which was in favor of the defendant and against him upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, at a jury trial. Judgment affirmed, with costs. We agree with the trial court that the plaintiff has failed to establish either actual or constructive notice of the alleged defect on the part of the defendant sufficient to impose liability. Such proof constitutes a requisite element of the…