In Bruk v Razag, Inc. , Levi Bruk sued after he fell at a wedding catered by Razag, Inc .
(Bruk supposedly slipped on a slice of cucumber which had fallen to the floor.)
When the Kings County Supreme Court dismissed the case, on the grounds Razag hadn't place the cucumber on the ground nor was aware of its presence, Bruk appealed to the Appellate Division, Second Department.
In order to support the dismissal, Razag needed to show it neither created the hazard nor had actual or constructive notice of its existence. To disprove constructive notice, Razag had to demonstrate that the condition didn't exist long enough for the company to find and address it.
Since Razag may have had constructive notice of the cucumber's existence -- due to the company's failure to keep floor inspection records -- the AD2 reinstated Bruk's case.
Razag needed to watch its peas and 'cukes!
To download a copy of the Appellate Division's decision, please use this link: Bruk v Razag, Inc.