VERA v. FISHMAN


14 A.D.3d 550 (2005)

787 N.Y.S.2d 663

BERTHA VERA, Respondent, v. MICHAEL FISHMAN et al., Appellants.

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

January 18, 2005


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff allegedly sustained injuries as a result of a slip and fall on liquid while descending a basement staircase within the defendants' home. The defendants established, prima facie, their entitlement to judgment as a matter of law by demonstrating the absence of a triable issue of fact as to whether they created the condition complained of or...

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