SCHERIFF v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA


267 A.D.2d 63 (1999)

699 N.Y.S.2d 677

JANE SCHERIFF, Appellant, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, Respondent and Third-Party Plaintiff-Respondent. INITIAL CLEANING SERVICES, Third-Party Defendant-Respondent.

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

Decided December 9, 1999.


Summary judgment was properly granted in light of the movants' prima facie showing of entitlement to judgment as a matter of law, and plaintiff's failure, in response thereto, to come forward with proof in evidentiary form sufficient to raise an issue of fact as to whether the movants created or had actual or constructive notice of the hazardous condition in the lobby of defendant's building alleged by plaintiff to have caused her injury (see, Piacquadio v Recine Realty...

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