Cheese Party is not a dangerous condition

September 18, 2014

  • 272 Negligence
  • 272XVII Premises Liability
  • 272XVII(D) Breach of Duty
  • 272k1100 Buildings and Structures
  • 272k1104 Floors
  • 272k1104(6) Water and Other Substances

09-18-14Fact that some of nursing home residents who were enjoying wine and cheese party in room adjacent to hallway where plaintiff slipped were sitting on chairs in hallway was insufficient to show that nursing home operator created allegedly dangerous condition resulting in the plaintiff’s slip and fall on puddle in hallway.

Kane v. Human Services Center, Inc., 588 N.Y.S.2d 361, (N.Y.A.D. 2 Dept., 1992)