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MEAGHER v. ARA SERVS.

235 A.D.2d 404 (1997)

652 N.Y.S.2d 548

Brian Meagher, Appellant, v. ARA Services et al., Respondents, et al., Defendant

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

January 13, 1997

Ordered that the judgment is affirmed, with one bill of costs.

Contrary to the plaintiff's contention, the Supreme Court properly limited testimony regarding a prior accident to demonstrate notice of a defective condition. The plaintiff failed to make a "showing that the relevant conditions of the subject accident and the previous one were substantially the same" (Hyde v County of Rensselaer, 51 N.Y.2d 927, 929; Facci...

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