DESENA v. 85 LIVINGSTON TENANTS CORP.


11 A.D.3d 506 (2004)

782 N.Y.S.2d 846

CONNIE DESENA, Appellant, v. 85 LIVINGSTON TENANTS CORP. et al., Respondents.

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

October 12, 2004.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The defendants established their prima facie entitlement to judgment as a matter of law on their respective motions for summary judgment by tendering sufficient evidence that they did not create the defective condition complained of, voluntarily but negligently make repairs, create the defect through special use, or...

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