Helen Piacquadio et al., Respondents, v. Recine Realty Corp., et al., Appellants
84 N.Y.2d 967, 646 N.E.2d 795, 622 N.Y.S.2d 493 (1994).
1 No. 206 [1994 NY Int. 222]
Decided December 13, 1994
December 13, 1994
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
William G. Kelly, for appellants.
Fred R. Profeta, Jr., for respondents.
The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.
Plaintiff Helen Piacquadio slipped and fell in defendants' restaurant on a terrazzo stair where liquid had accumulated to cover an area approximately 10" x 6" in size. Nothing in the record establishes that the terrazzo was otherwise dangerous or negligently maintained (see, Kline v Abraham, 178 NY 377). Because a "general awareness" that a dangerous condition may be present is legally insufficient to constitute notice of the particular condition that caused plaintiff's fall (see, Gordon v American Museum of Natural History, 67 NY2d 836, 838; see also, Madrid v City of New York, 42 NY2d 1038), liability could be predicated only on failure of defendants to remedy the danger presented by the liquid after actual or constructive notice of the condition.
The evidence does not establish that defendants had either actual or constructive notice of the hazardous condition that caused plaintiff to slip and fall, and accordingly the complaint should be dismissed.
* * * * * * * * * * * * * * * * *
Order reversed, with costs, and complaint dismissed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.