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Gordon (P) slipped and fell on the front steps of the American Museum of Natural History (D). He slipped on the third step and while in midair he observed a piece of white, waxy paper next to his left foot. It is alleged that the paper came from a concession stand that D had contracted to have present and that D was negligent in that its employees failed to discover and remove the paper before he fell on it. The case was submitted to the jury on the theory that D had either actual or constructive notice of the dangerous condition. The jury found D liable. Appellate Division affirmed and granted D leave to appeal on a certified question.

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