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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