TEJEDA v. SIX TEN MANAGEMENT CORPORATION


15 A.D.3d 265 (2005)

790 N.Y.S.2d 21

JUAN TEJEDA, Appellant, v. SIX TEN MANAGEMENT CORPORATION, Respondent.

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

February 15, 2005.


Given defendant's superintendent's testimony that he never received any complaints about water in the stairwell, plaintiff's testimony that he slipped on rain water that had accumulated in the stairwell through open windows, and that he had previously observed puddles of water in the stairwell whenever it rained, fails to raise an issue of fact as to whether defendant had constructive notice of the slippery condition in the stairwell by reason of its recurring nature. Lacking...

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