In Torres v. Washington Hgts. Bus. Improvement Dist. Mgt. Assn., Inc. , Mariette Torres filed suit after tripping and falling on a plastic bag while attending a street fair sponsored by a Washington Heights B.I.D.
When the New York County Supreme Court dismissed her case, she appealed to the Appellate Division, First Department.
By obtaining permission to use the City's streets, the B.I.D. had a duty to maintain the area in a reasonably safe condition. But since there was no notice of a dangerous condition, the AD1 was of the view the B.I.D. hadn't breached that obligation . (A "general awareness" of litter's existence wasn't enough to trigger liability.)
Guess you can say, Torres' case was littered with problems.
For a copy of the Appellate Division's decision, please use this link: Torres v. Washington Hgts. Bus. Improvement Dist. Mgt. Assn., Inc.