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BIRTHWRIGHT v. MID-CITY SECURITY, INC.

268 A.D.2d 402 (2000)

701 N.Y.S.2d 627

ADRIENNE BIRTHWRIGHT et al., Appellants, v. MID-CITY SECURITY, INC., et al., Defendants, and LEFRAK ORGANIZATION, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided January 10, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

There is no evidence that the respondents created the puddle of water on which the plaintiff Adrienne Birthwright allegedly slipped or that they had actual or constructive notice of it. Therefore, the Supreme Court properly granted that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them (see, Birthwright v Mid-City Sec.,

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