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SIMEONE v. BOARD OF MANAGERS OF YORKSHIRE COMMONS AT QUAIL RUN

269 A.D.2d 588 (2000)

704 N.Y.S.2d 824

VICTOR SIMEONE, Respondent, v. BOARD OF MANAGERS OF YORKSHIRE COMMONS AT QUAIL RUN et al., Appellants, and FAIRFIELD PROPERTY SERVICES et al., Respondents.

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

Decided February 28, 2000.

Ordered that the order is affirmed, with costs.

The appellants failed to submit sufficient evidence demonstrating their entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557). In any event, in opposition to the motion, the plaintiff submitted sufficient evidence in admissible form to create issues of fact regarding whether the appellants had notice of the ice on the sidewalk in sufficient...

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