VERDE-STEFANI v. MELOHN PROPERTIES, INC.


13 A.D.3d 255 (2004)

786 N.Y.S.2d 512

ANNAMARIE VERDE-STEFANI et al., Appellants v. MELOHN PROPERTIES, INC., Defendant, and ORSID MANAGEMENT CORP. et al., Respondents.

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

December 21, 2004.


The motion was properly granted given evidence that the water on vestibule steps was clear, not dirty, and appeared to have come from a shaken umbrella, and in the absence of evidence that defendants had actual or constructive notice of the wetness on the steps. That it had been raining for several hours, and that defendants had a 24-hour doorman in the lobby, do not, by themselves, raise an issue of fact as to actual or constructive notice (see Joseph v Chase Manhattan...

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