McGARVEY v. BANK OF NEW YORK


7 A.D.3d 431 (2004)

776 N.Y.S.2d 793

MARY McGARVEY, Appellant, v. BANK OF NEW YORK, Respondent.

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

May 25, 2004.


Plaintiff was injured on defendant's premises, allegedly as a result of the action of an inadequately checked revolving door. Defendant's evidence, however, established prima facie that the door was regularly inspected and that defendant had had neither actual nor constructive notice of the defect alleged, and inasmuch as plaintiff did not in response adduce evidence competent to warrant a contrary inference, the grant of defendant's summary judgment motion was proper (

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