From Casetext: Smarter Legal Research

Aniello v. 1370 Broadway Associates Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2006
28 A.D.3d 383 (N.Y. App. Div. 2006)

Opinion

8360.

April 25, 2006.

Order, Supreme Court, New York County (Louis B. York, J.), entered April 12, 2005, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Samuel Racer, New York, for appellant.

Wade Clark Mulcahy, New York (Nicole Y. Brown of counsel), for respondents.

Before: Nardelli, J.P., Williams, Catterson, McGuire and Malone, JJ.


Defendants established prima facie entitlement to summary judgment by demonstrating they had neither actual nor constructive notice of the alleged defect in the lobby runner upon which plaintiff fell ( Gordon v. American Museum of Natural History, 67 NY2d 836, 837). In opposition, plaintiff failed to raise an issue of fact. She admitted at her deposition that she did not see a tear in the runner at the time of her fall, and had not seen such a tear prior to the date of her accident. Nor is there any evidence of any prior accidents resulting from the alleged tear ( see Budd v. Gotham House Owners Corp., 17 AD3d 122).


Summaries of

Aniello v. 1370 Broadway Associates Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2006
28 A.D.3d 383 (N.Y. App. Div. 2006)
Case details for

Aniello v. 1370 Broadway Associates Corp.

Case Details

Full title:JOANNA ANIELLO, Appellant, v. 1370 BROADWAY ASSOCIATES CORP. et al.…

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

Date published: Apr 25, 2006

Citations

28 A.D.3d 383 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3030
813 N.Y.S.2d 715

Citing Cases

Reeves v. 1700 First Avenue LLC

y testified that he observed the carpet, used when there was inclement weather, in its usual location between…

McIntosh v. Tenth Church of Christ Scientist in Manhattan

The deposition of the testimony of defendant's employee and of plaintiff, which were submitted by defendant,…