Mercer v. City of New York
| Decision Date | 09 July 1996 |
| Parties | , 670 N.E.2d 443 Raymond MERCER et al., Appellants, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Rosenthal & Druyan, New York City (Alan Jay Binger, of counsel), for appellants.
Paul A. Crotty, Corporation Counsel of New York City (Deborah R. Douglas and Kristin M. Helmers, of counsel), for respondent.
The order of the Appellate Division should be affirmed, with costs.
The evidence presented at trial, considered in the light most favorable to plaintiffs, fails to establish a prima facie case of negligence. Nothing in the record suggests that defendant either affirmatively created the particular pool of grease or oil alleged to have caused plaintiff's fall, or had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence (Lewis v. Metropolitan Transp. Auth., 99 A.D.2d 246, 249, 472 N.Y.S.2d 368, affd for reasons stated below 64 N.Y.2d 670, 485 N.Y.S.2d 252, 474 N.E.2d 612). Thus, the Appellate Division properly reversed the judgment in plaintiffs' favor and dismissed the complaint.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
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