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Moser v. BP/CG Center I

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2008
56 A.D.3d 323 (N.Y. App. Div. 2008)

Opinion

No. 4575.

November 18, 2008.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 30, 2007, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

White McSpedon, P.C., New York (Tracey Lyn Jarzombek of counsel), for appellant.

Lester Schwab Katz Dwyer, LLP, New York (Steven B. Prystowsky of counsel), for respondents.

Saxe, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.


The evidence submitted by defendants was insufficient to establish prima facie that they lacked constructive notice of the alleged water hazard. Defendants failed to offer specific evidence as to their activities on the day of the accident, including evidence indicating the last time the staircase was inspected or maintained before plaintiff fell ( compare Baptiste v 1626 Meat Corp., 45 AD3d 259, with Smith v Costco Wholesale Corp., 50 AD3d 499, 500-501).


Summaries of

Moser v. BP/CG Center I

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2008
56 A.D.3d 323 (N.Y. App. Div. 2008)
Case details for

Moser v. BP/CG Center I

Case Details

Full title:CHRISTINE MOSER, Appellant, v. BP/CG CENTER I, LLC, et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 18, 2008

Citations

56 A.D.3d 323 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8982
866 N.Y.S.2d 869

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