PEFFERS v. HILTON HOTELS CORPORATION


279 A.D.2d 386 (2001)

720 N.Y.S.2d 27

JANET PEFFERS, Appellant, v. HILTON HOTELS CORPORATION, Respondent.

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

Decided January 23, 2001.


The deposition of defendant's employees who frequently used the stairway in question that they never noticed any loose carpeting on the stairs either before or after plaintiff fell, and the absence of any entries concerning the stairway carpeting in the logbook kept by defendant to record complaints and incidents, established prima facie that defendant lacked notice of the allegedly defective carpet. In opposition, plaintiff came forward not with any evidence of how long...

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