DAWSON v. RAIMON REALTY CORPORATION


303 A.D.2d 708 (2003)

758 N.Y.S.2d 100

SAMUEL L. DAWSON, Respondent, v. RAIMON REALTY CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided March 31, 2003.


Ordered that the order is affirmed, with costs.

The plaintiff, a maintenance worker, slipped and fell while cleaning up a spill that resulted from a leaking pipe in a classroom of the day-care center where he was employed. The defendant, the out-of-possession landlord of the facility housing the day-care center, moved for summary judgment, arguing that it lacked notice of the defective condition. Its motion was supported by an affidavit of its CEO, stating that nobody...

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