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GROSSMAN v. TCR

1599, 307020/12.

142 A.D.3d 854 (2016)

37 N.Y.S.3d 514

RICHARD GROSSMAN, Respondent, v. TCR, Also Known as The CLUB OF RIVERDALE, Appellant.

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

Decided September 22, 2016.

To establish a defendant's liability in a slip and fall case, a plaintiff must show that the plaintiff's injury was caused by a hazardous condition on the defendant's premises of which the defendant had actual or constructive notice (see Gordon v American Museum of Natural History, 67 N.Y.2d 836 [1986]). We are unable to determine as a matter of law, on this record, whether a hazardous or defective condition was created by the presence...

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