VARGAS v. CADWALADER WICKERSHAM & TAFT, LLP

NO. 3106, 160556/13

147 A.D.3d 551 (2017)

46 N.Y.S.3d 784

2017 NY Slip Op 01269

JIMMY VARGAS, Appellant, v. CADWALADER WICKERSHAM & TAFT, LLP, Respondent.

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

Decided February 16, 2017.


Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about April 12, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Summary judgment was improperly granted, because the record presents triable issues of fact as to whether defendant had constructive notice of the alleged defective condition. The deposition testimony of defendant's manager...

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