DIAZ v. SILVER BELL COMPANY LIMITED PARTNERSHIP


18 A.D.3d 219 (2005)

794 N.Y.S.2d 354

JAMES DIAZ et al., Respondents, v. SILVER BELL COMPANY LIMITED PARTNERSHIP et al., Defendants, and THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Respondent, and EMIL LANDAU TERM TRUST OF MAY 1, 1989, Appellant.

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

May 3, 2005.


Defendant Trust failed to sustain its initial burden of negating the possibility that the icy patch on which plaintiff sustained personal injuries resulted from a water accumulation caused by a recurrent water runoff condition that was known to the Trust, as owner of the premises. The deposition of the property manager that it was the Trust's responsibility to make surface repairs in the parking lot, that his weekly inspection of the property included a walk-through of the...

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