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VICEROY v. CITY OF YONKERS

289 A.D.2d 224 (2001)

734 N.Y.S.2d 469

GREGORY VICEROY, Appellant, v. CITY OF YONKERS, Respondent.

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

Decided December 3, 2001.

Ordered that the judgment is affirmed, with costs.

A defendant will not be held liable for a dangerous or defective condition existing on its property unless there is evidence that it created the condition, or had actual or constructive notice of its existence and a reasonable time to remedy the defect (see, Brown-Phifer v Cross County Mall Multiplex, 282 A.D.2d 564, lv denied 96 N.Y.2d 721; Goldin v Riker,...

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