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HERRERA v. E. 103RD ST. & LEXINGTON AVE. REALTY CORP.

Nos. 7545, 301734/08.

95 A.D.3d 463 (2012)

943 N.Y.S.2d 477

2012 NY Slip Op 3531

NAYELY HERRERA, Appellant, v. E. 103RD ST. & LEXINGTON AVE. REALTY CORP. et al., Respondents.

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

Decided May 3, 2012.

Defendants established their entitlement to judgment as a matter of law by showing that they neither created nor had actual or constructive notice of the alleged hazardous condition (see generally Rodriguez v 705-7 E. 179th St. Hous. Dev. Fund Corp., 79 A.D.3d 518, 519 [2010]). Defendants submitted plaintiff's deposition testimony that she passed the location less than three hours before her fall and had not noticed any snow or ice...

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