CASSUTO v. BROADWAY 86 ST. ASSOCS.


243 A.D.2d 263 (1997)

664 N.Y.S.2d 721

Leslie Cassuto, Respondent, v. Broadway 86 Street Associates et al., Appellants, et al., Defendants. (And a Third-Party and Second Third-Party Action.)

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

October 2, 1997


With respect to appellant former owner of the premises, questions of fact exist as to whether it created or negligently permitted the dangerous condition that allegedly caused plaintiff's injury, and, if so, whether defendant current owner had either actual or constructive notice of the condition before the accident (see, Young v Hanson, 179 A.D.2d 978). With respect to appellant managing agent, since the branch of the motion...

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