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MUNOZ v. ARTHA MGMT., INC.

226 A.D.2d 175 (1996)

640 N.Y.S.2d 514

Leonida Munoz et al., Appellants, v. Artha Management, Inc., et al., Respondents

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

April 9, 1996

The affidavit of plaintiff's friend, submitted for the first time on the motion to renew and without explanation for its initial omission, was insufficient to raise an issue of fact as to whether defendants had constructive notice of the condition (see, Cipolla v Supermarkets Gen. Corp., 215 A.D.2d 346), especially in light of plaintiff's own deposition testimony that she did not see any such condition when she ascended the...

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