ROUSE v. LEX REAL ASSOCIATES


16 A.D.3d 273 (2005)

792 N.Y.S.2d 38

GERALD ROUSE et al., Plaintiffs-Appellants, v. LEX REAL ASSOCIATES et al., Respondents.

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

March 24, 2005.


There was no evidence that defendants created a dangerous condition or had actual or constructive notice of a hazard that could have been prevented by the exercise of reasonable care (see Garcia v Delgado Travel Agency, 4 A.D.3d 204 [2004]). The fact that rainwater was being tracked into the lobby does not constitute notice of a dangerous condition (id.). Having received no complaints of a wet spot near the floor mat, defendants...

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