DILENA v. IRVING REISMAN IRREVOCABLE TRUST


263 A.D.2d 375 (1999)

692 N.Y.S.2d 371

JOSEPH DILENA et al., Respondents, v. IRVING REISMAN IRREVOCABLE TRUST et al., Appellants and Third-Party Plaintiffs. HERK MAINTENANCE COMPANY, INC., et al., Third-Party Defendants-Respondents.

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

Decided July 8, 1999.


Initially, we find that the IAS Court improvidently exercised its discretion in deeming defendants' motion untimely under the circumstances herein.

With respect to the common-law negligence cause, plaintiffs failed to show that defendants knew of the dangerous condition and did not remedy it or that the condition had existed for such a sufficient length of time that, in the exercise of reasonable care, defendants should either have corrected it or warned of its existence...

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