Kraemer v. K-Mart Corp., 226 A.D.2d 590 (N.Y. App. Div. 2d Dep't 1996). · Go Syfert
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Kraemer v. K-Mart Corp., 226 A.D.2d 590 (N.Y. App. Div. 2d Dep't 1996). Cases Citing This Book View Copy Cite
100 citation events (51 in the last 25 years) across 4 distinct courts.
Strongest positive: Bennett, No. 2:23-cv-08622 (E.D.N.Y. Jan. 8, 2026)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
How cited ↗
Cited for
641 N.Y.S.2d at 131 Plaintiff's burden to prove defendant's notice of condition6 citing cases“had actual or constructive notice of the condition”2 citing courts quote it
  • Bennett, No. 2:23-cv-08622 (E.D.N.Y. Jan. 8, 2026).
    Sep. 24, 2009) (last alteration in original) (quoting Kraemer v. K-Mart Corp., 641 N.Y.S.2d 130, 131 (N.Y. App. Div. 1996)).
  • Susana v. NY Waterway Tours, LLC, 662 F. Supp. 3d 477 (S.D.N.Y. 2023).published
    “had actual or constructive notice of the condition”
  • Collins v. Wal-Mart Stores East, LP, No. 2:19-cv-01691 (E.D.N.Y. June 27, 2022).
    Then, the plaintiff must show that the defendant, “created the condition which caused the accident, had actual…notice of the condition, [or had] constructive notice of the condition.” Kraemer v. K-Mart Corp., 641 N.Y.S.2d 130, 131 (2d Dep’…
  • Thomason v. Target Corp., No. 1:20-cv-08982 (S.D.N.Y. Apr. 18, 2022).
    “constructive notice of the condition”
  • Breitenbucher v. Wal-Mart Stores, Inc., No. 2:17-cv-06633 (E.D.N.Y. May 18, 2020).
    For example, in Kraemer v. K-Mart Corp., 641 N.Y.S.2d 130 (2d Dep’t 1996), the Second Department affirmed summary judgment for the defendant where the plaintiff slipped on a piece of a store ticket in K-Mart’s shoe department, reasoning th…
  • Gonzalez v. Wal-Mart Stores, Inc., 299 F. Supp. 2d 188 (S.D.N.Y. 2004).published
    See Gordon, 501 N.Y.S.2d 646 , 492 N.E.2d at 775 ; see also Gloria v. MGM Emerald Enter., 298 A.D.2d 355 , 751 N.Y.S.2d 213, 214 (App.Div.2002) (affirming summary judgment dismissing complaint because defendant’s general awareness that its…
At page 591 Inferring notice from lack of evidence of hazard duration6 citing casesshe slipped on a small piece of cardboard or a plastic store ticket which had fallen to the floor in the vicinity of the shoe department. The injured plaintiff…opening of page *591 (no citing court says what it cites this page for)
  • Pimentel v. Target Corp., No. 1:23-cv-08502 (S.D.N.Y. July 2, 2025).
    When a plaintiff does “not notice the puddle and . . . provide[s] no evidence regarding for how long the [liquid] had been on the floor, ‘it would be speculative to infer that [the liquid] had been on the floor for an appreciable length of…
  • Xhika v. Trizechahn Reg'l Pooling, LLC, 49 A.D.3d 719 (N.Y. App. Div. 2d Dep't 2008).published
    The plaintiffs also failed to raise a triable issue of fact as to whether the defendants had actual or constructive notice of the alleged hazardous condition which proximately caused the injured plaintiff’s injuries (see generally Gallais-…
  • Gallais-Pradal v. YWCA of Brooklyn, 33 A.D.3d 660 (N.Y. App. Div. 2d Dep't 2006).published
    Contrary to the plaintiffs contention, the defendant’s general awareness that the locker room floor where the plaintiff fell, which was in close proximity to the showers and a swimming pool, sometimes became wet, was insufficient to provid…
  • Salerno v. Cara, 28 A.D.3d 904 (N.Y. App. Div. 3d Dep't 2006).published
    General awareness that a potentially dangerous condition might exist is insufficient to establish constructive notice of the particular condition which led to the plaintiff’s fall (see Cochetti v Wal-Mart Stores, Inc., 24 AD3d 852, 853 [20…
  • Raanan v. Fifth Avenue of Long Island Realty Assocs., 17 A.D.3d 437 (N.Y. App. Div. 2d Dep't 2005).published
    In opposition, the plaintiffs failed to raise a triable issue of fact that the defendants Waldbaum, Inc., and The Great Atlantic and Pacific Tea Co., Inc., created the “condition” or had actual or constructive notice thereof (see Gordon v…
  • Berzon v. D'Agostino Supermarkets, Inc., 15 A.D.3d 600 (N.Y. App. Div. 2d Dep't 2005).published
    Furthermore, the defendant’s general awareness that food sometimes fell on the floor of the supermarket was insufficient to establish constructive notice of the particular condition which caused the plaintiff’s fall (see Halperin v Waldbau…
At page 590 “created the condition which caused the accident, had actual...notice of the condition, or had constructive notice of the condition.”2 citing casesthe opinion's own words at *590, quoted by 1 later opinions
  • Espirel v. Starbucks Corp., No. 1:20-cv-10881 (S.D.N.Y. Jan. 10, 2023).
    Dated: New York, New York January 10, 2023 7 - □ A Ct LE maid NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE of the condition,’ or (3) had ‘constructive notice of the condition.’” Thomason, 2022 WL 1137165 , at *3 (quoting Kraemer v. K-…
  • Early v. Hilton Hotels Corp., 73 A.D.3d 559 (N.Y. App. Div. 1st Dep't 2010).published
    Empire, 256 AD2d 528, 529 [1998]; Kraemer v K-Mart Corp., 226 AD2d 590, 590 [1996]) or failed to remedy the condition, despite having prior actual or constructive notice of it (see Piacquadio v Recine Realty Corp., 84 NY2d 967, 969 [1994];…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Sally Kraemer
v.
K-Mart Corporation
Appellate Division of the Supreme Court of the State of New York.
Apr 22, 1996.
Published opinion
226 A.D.2d 590
1996 N.Y. App. Div. LEXIS 4496
Cited by 89 opinions  |  Published

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (O’Connell, J.), dated March 29, 1995, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

In order for a plaintiff in a slip and fall case to establish a prima facie case of negligence, the plaintiff must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition (see, Eddy v Tops Friendly Mkts., 91 AD2d 1203, affd 59 NY2d 692; Bykofsky v Waldbaum’s Supermarkets, 210 AD2d 280). To constitute constructive notice, "a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant’s employees to discover and remedy it” (Gordon v American Museum of Natural History, 67 NY2d 836, 837).

Applying these principles to the instant case, we find that the Supreme Court properly granted the defendant’s motion for summary judgment. Here, the record reveals that the injured plaintiff was shopping in the defendant’s store when[*591] she slipped on a small piece of cardboard or a plastic store ticket which had fallen to the floor in the vicinity of the shoe department. The injured plaintiff did not notice the cardboard or the store ticket on the floor prior to her fall, and there is no evidence of how long the cardboard and plastic ticket had been on the floor. Accordingly, it would be speculative to infer that these items had been on the floor for any appreciable length of time (see, Anderson v Klein’s Foods, 139 AD2d 904, affd 73 NY2d 835; Rotunno v Pathmark, 220 AD2d 570; Milea v Ames Dept. Store, 219 AD2d 798). Moreover, the defendant’s general awareness of the fact that price and size tickets did at times fall from its shoes is insufficient to establish constructive notice of the particular condition which caused the plaintiff’s fall (see, Piacquadio v Recine Realty Corp., 84 NY2d 967; Gordon v American Museum of Natural History, supra).

Furthermore, in the absence of any proof that the defendant was negligent in applying wax and polish to its floor, the plaintiffs’ claim that the floor was slippery does not give rise to an inference of negligence (see, Calabrese v B.P.O. Elks Lodge # 744, 215 AD2d 345; Pizzi v Bradlee’s Div., 172 AD2d 504). Miller, J. P., Joy, Hart and Krausman, JJ., concur.