BOMMARITO v. PARK AVENUE PLAZA COMPANY


307 A.D.2d 944 (2003)

763 N.Y.S.2d 472

SALVATORE BOMMARITO et al., Respondents, v. PARK AVENUE PLAZA COMPANY, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided August 11, 2003.


Ordered that the judgment is reversed, on the law, with costs, that branch of the appellant's motion pursuant to CPLR 4404 (a) which was for judgment as a matter of law is granted, and the complaint is dismissed.

A cause of action based on premises liability must establish that the alleged hazardous condition was created by the defendant or that the defendant had actual or constructive notice thereof (see Piacquadio...

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