Proof of Lack of Notice of Icy Condition Required

Facts: The employee of a fish market that rented the ground floor in a commercial building slipped and fell on ice on the sidewalk outside the store. He sued the owner of the building and the tenant. He asserted that the tenant and owner were both negligent by allowing the icy condition to exist and that they had actual notice and constructive notice of the hazardous condition. The tenant and owner each asked the court for a judgment in its favor without a trial.

Decision: A New York trial court denied the owner’s and tenant’s request.