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GABERMAN v. METROPOLITAN TRANSPORTATION AUTHORITY

277 A.D.2d 350 (2000)

716 N.Y.S.2d 597

ELLIOT GABERMAN et al., Respondents, v. METROPOLITAN TRANSPORTATION AUTHORITY, Appellant.

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

Decided November 20, 2000.

Ordered that the order is affirmed, with costs.

In a slip and fall case, the plaintiff must demonstrate that the defendant created the dangerous condition which caused the accident, or that the defendant had actual or constructive notice of that condition and failed to remedy it within a reasonable time (see, Mercer v City of New York, 88 N.Y.2d 955; Lewis v Metropolitan Transp. Auth., 64 N.Y.2d 670...

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