Deegan v. 336 E. 50th St. Tenants Corp

In Deegan v. 336 E. 50th St. Tenants Corp. (216 AD2d 59, 627 N.Y.S.2d 383 [1st Dept 1995]), the plaintiff allegedly fell on food waste in front of defendant's cooperative. There was no evidence that the debris existed for a sufficient time before the accident. The Court stated that the inability to make the required showing "'creates the possibility that the condition may have emanated only moments before the accident, through no fault or with no knowledge of the defendant, any other conclusion being pure speculation"' (id. at 60).