BERTMAN v. BD. OF MANAGERS OF OMNI COURT CONDO. I


233 A.D.2d 283 (1996)

649 N.Y.S.2d 799

Lynn Bertman et al., Respondents, v. Board of Managers of Omni Court Condominium I et al., Defendants, and Superior Lawns and Landscaping, Inc., et al., Appellants

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

November 4, 1996


Ordered that the order is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, the motions are granted, and the complaint and all cross claims are dismissed insofar as asserted against the appellants.

The record is devoid of proof that the appellants, prior to the subject accident, had actual or constructive notice of the existence of the ice patch on which the injured plaintiff fell. Any finding with regard...

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