BAUTISTA v. BRONX WATTSON-GARDENS, LLC


293 A.D.2d 290 (2002)

739 N.Y.S.2d 567

ANNETTE BAUTISTA, Appellant, v. BRONX WATTSON-GARDENS, LLC, Respondent.

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

Decided April 4, 2002.


Plaintiff's own deposition testimony discloses that she will not be able to establish that defendant property owner created or had actual notice of the alleged defect on its private walkway. Nor is any question of fact raised as to whether defendant had constructive notice of the alleged hazard, since the record affords no basis for the conclusion that the defect was "visible and apparent" (see, Gordon v American Museum of Natural History, 67 N.Y.2d...

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