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Soboleva v. Gojcaj

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1997
238 A.D.2d 170 (N.Y. App. Div. 1997)

Opinion

April 8, 1997


Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 29, 1996, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff has failed to present evidence that defendants had actual or constructive notice of an alleged ice patch that caused her to slip and fall, let alone sufficient time to remedy that condition ( Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972, 973), or that her fall was caused by any act on the part of defendants creating or exacerbating that condition ( see, Bernstein v. City of New York, 69 N.Y.2d 1020).

Concur — Rosenberger, J.P., Wallach, Nardelli and Rubin, JJ.


Summaries of

Soboleva v. Gojcaj

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1997
238 A.D.2d 170 (N.Y. App. Div. 1997)
Case details for

Soboleva v. Gojcaj

Case Details

Full title:NADEZHDA SOBOLEVA, Appellant, v. PASHKO GOJCAJ et al., Respondents

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

Date published: Apr 8, 1997

Citations

238 A.D.2d 170 (N.Y. App. Div. 1997)
655 N.Y.S.2d 950

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