Caterina Faricelli, Appellants v. TSS Seedman’s, Inc., Respondent, Defendant. (And a Third-Party…

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that a blackened banana peel does not create constructive notice of a dangerous condition and that the appellate division properly exercised its discretion to hear a second appeal despite a prior dismissal for want of prosecution.