173 A.D.2d 603 | N.Y. App. Div. | 1991
In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Cohen, J.), dated November 16, 1988, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $488,000.
Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.
The plaintiff, an employee of the defendant Board of Education of the City of New York, was injured when she slipped on spilled coffee in the hallway outside of her office. She alleged that the defendant was negligent in failing to discover and clean up the spill before she fell. In order to establish a prima facie case of negligence, the plaintiff was required to show that the defendant had actual or constructive notice of this condition (see, Lewis v Metropolitan Transp. Auth., 64 NY2d 670, affg 99 AD2d 246). Viewing the evidence in the light most favorable to the plaintiff and giving her the benefit of all reasonable inferences that might be drawn therefrom (see, Brocalello v 540 Madison Ave. Assocs., 147 AD2d 519; O’Neil v Port Auth., 111 AD2d 375), we are satisfied that no rational trier of fact could have found in her favor. The court therefore erred in denying the defendant’s motion pursuant to CPLR 4401, made after the close of the plaintiff’s case, for judgment as a matter of law dismissing the complaint for failure to make out a prima facie case of negligence.
In view of our determination, we need not reach the defendant’s contention that the verdict on damages was excessive. Thompson, J. P., Lawrence, Harwood and O’Brien, JJ., concur.