TEJADA v. SCHUMAN PROPERTIES, LLC

3303, 24461/13E.

148 A.D.3d 419 (2017)

2017 NY Slip Op 01629

48 N.Y.S.3d 399

WENDY TEJADA, Respondent, v. SCHUMAN PROPERTIES, LLC, Defendant, and OCTAVIO RAPOSO et al., Appellants.

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

Decided March 2, 2017.


When opposing summary judgment, plaintiff abandoned her claim that her injuries were caused by standing water on the exterior stairs of a building allegedly owned and managed by defendants, calling the claim a "non-issue," and relying solely on the complaint's allegation that there was no handrail on the stairs to prevent her from falling. Even if the claim was not abandoned, plaintiff does not claim that defendants had actual notice of a dangerous water condition, and defendants...

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