Benny v. Concord Partners 46TH St. LLC

1 Citing case

  1. Vargas v. ESRT Empire State Bldg.

    2024 N.Y. Slip Op. 33942 (N.Y. Sup. Ct. 2024)

    "[A] property owner is subject to liability for a defective condition on its premises if a plaintiff demonstrates that the owner either created the alleged defect or had actual or constructive notice of it" (Doherty v 730 Fifth Upper, LLC, 227 A.D.3d 606, 607 [1st Dept 2024] [citations omitted]. To be entitled to summary judgment on the issue of liability, a plaintiff need only demonstrate that the defendant was negligent, and that negligence was a proximate cause of the accident (see Benny v Concord Partners 46th St. LLC, 192 A.D.3d 531, 531-32 [1st Dept 2021]).