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Barlow v. Goldstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 276 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

Appeal from the Supreme Court, Westchester County (Fredman, J.).


Ordered that the order is affirmed, with costs.

The plaintiff has failed to establish that the defendant had either actual or constructive notice of the alleged defect in the step that caused his fall. To the contrary, the plaintiff's own testimony shows that he had no problems with the step until after he made numerous trips with a heavy garbage pail, which caused the step to crumble and "flip", resulting in his injuries. Accordingly, the defendant is entitled to summary judgment.

Rosenblatt, J. P., Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Barlow v. Goldstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 276 (N.Y. App. Div. 1998)
Case details for

Barlow v. Goldstein

Case Details

Full title:KEITH BARLOW, Appellant, v. BERNARD GOLDSTEIN, Respondent. (And a…

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

Date published: Jun 1, 1998

Citations

251 A.D.2d 276 (N.Y. App. Div. 1998)
671 N.Y.S.2d 1022