PESO v. AMERICAN LEISURE FACILITIES MANAGEMENT CORP.


277 A.D.2d 48 (2000)

716 N.Y.S.2d 13

SHULI PESO, Respondent-Appellant, v. AMERICAN LEISURE FACILITIES MANAGEMENT CORP. et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 9, 2000.


Plaintiff alleges that she fell because of a "sticky substance" that she felt on the belt of the treadmill. Assuming the existence of such substance, its dangerousness and its causal relationship to plaintiff's fall, plaintiff, in order to establish a prima facie case of negligence, must also show that defendant either created the condition or had actual or constructive knowledge of it (see, Segretti v Shorenstein Co., E.,

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