MOQUIN v. ROMEO


301 A.D.2d 581 (2003)

753 N.Y.S.2d 857

EUGENE MOQUIN, Appellant, v. JOHN ROMEO et al., Respondents.

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

Decided January 21, 2003.


Ordered that the order is affirmed, with costs.

After the defendants made a prima facie showing of their entitlement to judgment as a matter of law in support of their motion for summary judgment dismissing the complaint, it was incumbent upon the plaintiff to come forward with evidence showing that the defendants either created the allegedly dangerous condition or had actual or constructive notice thereof (see Gordon v American Museum of Natural History, ...

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