The following excerpt is from Uzdavines v. Metropolitan Baseball Club, Inc., 115 Misc.2d 343, 454 N.Y.S.2d 238 (N.Y. City Ct. 1982):
"In order to recover on the theory of common law negligence, it (is) incumbent upon plaintiff to establish that defendant owed (her) a duty of care, the breach of which caused (her) injuries. The owner of premises is bound to use reasonable care commensurate with a hazard to be apprehended and to maintain his premises in such a condition that those who go there at his invitation shall not unnecessarily or unreasonably be exposed to danger ... To be charged with negligence for breach of this duty, an owner must have notice, either actual or constructive, of the dangerous condition which caused the accident." ( Monroe v. City of New York, supra, pp. 95-96; 46 N.Y. Jur. Premises Liability, 48.
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