DAVIDSON v. LONG ISLAND RAIL ROAD COMPANY


6 A.D.3d 570 (2004)

774 N.Y.S.2d 834

LEONARD DAVIDSON, Respondent, v. LONG ISLAND RAIL ROAD COMPANY, Appellant. (And a Third-Party Action.)

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

April 19, 2004.


Ordered that the order is affirmed, with costs.

On a motion for summary judgment dismissing the complaint based upon lack of notice of a dangerous condition, a defendant is required to make a prima facie showing affirmatively establishing the absence of notice as a matter of law (see Wood v Food Emporium, 267 A.D.2d 380 [1999]; Ostuni v East Rockaway Vil. Tavern, 238 A.D.2d 558 ...

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