O'LEARY v. DO-MOR REALTY, LLC

2011-08406.

95 A.D.3d 1087 (2012)

943 N.Y.S.2d 905

2012 NY Slip Op 3818

TIM O'LEARY, Respondent, v. DO-MOR REALTY, LLC, Appellant.

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

Decided May 15, 2012.


Ordered that the order is affirmed, with costs.

On its motion for summary judgment, the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created the conditions that allegedly caused the plaintiff to fall, nor had actual or constructive notice of such conditions prior to the occurrence in question (see Kokin v Key Food Supermarket, Inc., 90 A.D.3d 850 [2011]...

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