ROSARIO v. HABER

2877, 302884/13.

146 A.D.3d 685 (2017)

2017 NY Slip Op 00554

45 N.Y.S.3d 462

STEPHANIE ROSARIO, Appellant, v. NANCY J. HABER, Administratrix of the Estate of IRA J. PANZER, Deceased, et al., Respondents.

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

Decided January 26, 2017.


Plaintiff seeks damages for injuries she sustained when she slipped on a puddle as she descended the stairs in defendants' building. Defendants established prima facie that they did not have constructive notice of the puddle, i.e., that they did not have an opportunity before plaintiff's accident to discover and remedy the condition on the stairs, through plaintiff's testimony that, two minutes before the accident, she had ascended the stairs without incident and had not...

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