CLEMENT v. TRUMP


272 A.D.2d 131 (2000)

708 N.Y.S.2d 612

MIRIAM CLEMENT, Respondent, v. DONALD J. TRUMP, Individually and as a Partner Doing Business as PLAZA OPERATING PARTNERS LTD., Appellant.

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

Decided May 9, 2000.


The motion was properly denied on the ground that an issue of fact exists as to whether defendant had constructive notice of the liquid that allegedly caused plaintiff to slip and fall on the stairs leading up from defendant's hotel's cafeteria. Such issue is raised by the deposition testimony of plaintiff and the affidavit of a former employee of defendant that liquid spillage and paper debris were "always," "without fail * * * on an almost everyday basis," on the stairs...

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