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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47166 Justice Price PLAINTIFF WAS injured after she slipped and fell on mustard on a stairway at Shea Stadium, which is leased by defendant. Certain persons apparently dumped a commercial-size container of mustard onto a patron seated near the stairway. Plaintiff testified that although stadium officials, including ushers, security, police and a person with a broom and dustpan appeared thereafter, she did not observe any persons clean the mustard. The court denied defendant’s motion for summary dismissal of plaintiff’s complaint. Although it noted that the mustard condition was an open and obvious hazard, the court found that the fact that the condition was open and obvious created an issue as to plaintiff’s comparative negligence. It also found that plaintiff’s testimony concerning the presence of stadium officials at the scene after the mustard spill raised a fact issue as to defendant’s actual notice of the alleged dangerous condition.

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