← Cases

Salaam v. City of New York

226 A.D.2d 173 Court N.Y. App. Div. Decision date 1996-04-09 English

Contents

Majority

p. 173
Isiah Salaam, an Infant, by His Mother and Natural Guardian, Fatima Salaam, et al., Respondents, v City of New York et al., Appellants.
[640 NYS2d 117]

Judgment, Supreme Court, Bronx County (Hansel McGee, J., and a jury), entered on or about March 2,1995, apportioning liability 100% against defendants, unanimously affirmed, without costs.

Legally sufficient evidence of defendants’ constructive notice of a dangerous condition was provided by the uncontroverted testimony at trial that the puddle in which plaintiffs slipped was 21h feet by 21/2 feet and was dirty with numerous footprints, both wet and dry, leading out of it in all directions (see, Negri v Stop & Shop, 65 NY2d 625 ; Catanzaro v King Kullen Grocery Co., 194 AD2d 584 ). Concur—Sullivan, J. P., Ellerin, Rubin and Mazzarelli, JJ.