DEROSA v. UNION SQUARE 14TH STREET ASSOCIATES


269 A.D.2d 486 (2000)

703 N.Y.S.2d 243

DOMENICK DEROSA, Appellant, v. UNION SQUARE 14TH STREET ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Respondents, and INTEGRATED RESOURCES, INC., et al., Respondents. FUJITEC AMERICA, INC., et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.)

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

Decided February 22, 2000.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly determined that the proponents of the respective motions for summary judgment demonstrated that they did not have actual or constructive notice of the allegedly defective condition which caused the plaintiff's injuries. The court also properly determined that with the exception of the fourth...

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