PATRISSI v. WOOD


205 A.D.2d 830 (1994)

615 N.Y.S.2d 295

Vito Patrissi, Respondent, v. Harry T. Wood, Jr., et al., Appellants

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

June 2, 1994


In this slip and fall case, even if it is accepted that defendants made a prima facie showing that they neither created the condition causing plaintiff's fall nor had actual or constructive notice of its existence, plaintiff nevertheless satisfied his burden of coming forward with evidentiary proof sufficient to raise a triable issue of fact on these issues. Supreme Court, therefore, properly denied defendants' motion for summary judgment dismissing the complaint.

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