DUNAIF v. ALROSE HOLDING CO., LLC


299 A.D.2d 159 (2002)

753 N.Y.S.2d 42

JAMES DUNAIF, Appellant, v. ALROSE HOLDING CO., LLC, Respondent.

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

Decided November 7, 2002.


Plaintiff sues defendant landlord for negligence, alleging that he slipped on water that had leaked from a refrigerator in his apartment, and fell to the floor sustaining injury. Summary judgment dismissing the complaint was properly granted since the record is devoid of evidence sufficient to raise a triable issue of fact as to whether defendant landlord had actual or constructive notice of, or created, the alleged hazard (see Piacquadio v Recine Realty Corp.,

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