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Dessau v. Park 76th St. Inc.

Appellate Division of the Supreme Court of New York, First Department
May 17, 2001
283 A.D.2d 263 (N.Y. App. Div. 2001)

Opinion

May 17, 2001.

Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about October 5, 2000, which, inter alia, denied appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Christina Ctorides, for plaintiff-respondent.

Steve S. Efron, for defendants-appellants.

Before: Sullivan, P.J., Nardelli, Williams, Rubin, Marlow, JJ.


The affidavits of plaintiff and her housekeeper, stating that workmen were present in the lobby of the subject building on the day of the accident cleaning the floor, and that prior to the accident the housekeeper had complained that the floor was slippery, were sufficient to raise triable issues of fact as to whether appellants created or had actual or constructive notice of the allegedly hazardous condition. Accordingly, summary judgment was properly denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Dessau v. Park 76th St. Inc.

Appellate Division of the Supreme Court of New York, First Department
May 17, 2001
283 A.D.2d 263 (N.Y. App. Div. 2001)
Case details for

Dessau v. Park 76th St. Inc.

Case Details

Full title:RUTH DESSAU, PLAINTIFF-RESPONDENT, v. PARK 76TH ST. INC., ET AL.…

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

Date published: May 17, 2001

Citations

283 A.D.2d 263 (N.Y. App. Div. 2001)
724 N.Y.S.2d 741