HARDWICK v. TRUSTEES OF NET REALTY HOLDING TRUST


5 A.D.3d 550 (2004)

772 N.Y.S.2d 836

RUBY HARDWICK, Appellant, v. TRUSTEES OF NET REALTY HOLDING TRUST et al., Defendants, and ROSEJEAN PIZZA CORP., Doing Business as MARTINO PIZZA RESTAURANT, Respondent.

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

March 15, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

In support of its motion for summary judgment, the defendant Rosejean Pizza Corp., doing business as Martino's Pizza Restaurant (hereinafter Rosejean) established that it neither created nor had actual or constructive notice of any dangerous condition which may have caused the plaintiff's accident. In opposition, the plaintiff failed to raise a triable issue of fact. Thus, the Supreme Court properly...

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