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OVED v. TAUBER

8 A.D.3d 149 (2004)

780 N.Y.S.2d 121

RONIT OVED, Appellant, v. EMIL TAUBER, Defendant, and MECHON HAHOYRAH OF MONSEY, INC., Respondent.

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

June 22, 2004.

The motion was properly granted based upon the deposition testimony of defendant's property manager that there was no snow or ice in the driveway where plaintiff fell at the time of the accident, and the absence of any evidence that defendant or its property manager had actual or constructive notice of the patch of ice that allegedly caused plaintiff's fall (see Simmons v Metropolitan Life Ins. Co., 84 N.Y...

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