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SANTAMARIA v. RRI REALTY CORP.

149 A.D.2d 680 (1989)

Frank Santamaria, Appellant, v. RRI Realty Corporation, Respondent

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

April 24, 1989

Ordered that the order is affirmed, with costs.

The papers submitted by the plaintiff in opposition to the defendant's cross motion for summary judgment failed to establish that the defendant had actual or constructive notice of the defective condition, i.e., a piece of wood on a stone floor, which allegedly caused the accident. Under these circumstances, the plaintiff's complaint, which is based on the common-law duty to...

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