VELEZ v. MONTEFIORE MEDICAL CENTER


300 A.D.2d 142 (2002)

751 N.Y.S.2d 477

CONSUELO VELEZ et al., Respondents, v. MONTEFIORE MEDICAL CENTER, Appellant.

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

Decided December 17, 2002.


Plaintiff's deposition testimony was to the effect that the "very thin whitish dust" that caused her to slip and fall had come from nearby renovation or construction work on the same floor as the doctor's office she was visiting. Defendant's motion for summary judgment relied on portions of plaintiff's deposition to show that plaintiff did not notice the "very little" amount of dust on the floor until after she fell, and to argue that there was no evidence that defendant...

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