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- - ICRA
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New York Court of Appeals - 67 N.Y.2d 836
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The plaintiff fell on the defendant's front entrance steps due to a piece of white, waxy paper from the concession stand. The jury found the defendant liable, but the Appellate Division erred in affirming the decision. To hold the defendant liable, they must have actual or constructive notice of the dangerous condition presented by the paper on the steps. There is no evidence of actual notice, and the plaintiff failed to establish constructive notice. The lack of evidence establishing constructive notice of the particular condition that caused the plaintiff's fall is the defect in the plaintiff's case. Therefore, the order was reversed, and the complaint should be dismissed with costs.
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