WEISBART v. HUDSON MANOR TERRACE CORP.


299 A.D.2d 160 (2002)

753 N.Y.S.2d 44

JUDITH WEISBART, Respondent, v. HUDSON MANOR TERRACE CORP. et al., Appellants, et al., Defendants.

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

Decided November 7, 2002.


Plaintiff's proof raises triable issues of fact as to whether an unreasonably hazardous watery condition was caused by the alleged defective shower drain and whether the moving defendants received actual notice of the alleged defective drain and, if so, whether defendants had a reasonable time to correct the alleged clogging condition (see Goldberg v Silver Assoc., 274 App Div 808; compare Traub v Progress Country Club, 256 App Div 249). We note that plaintiff...

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