WADE-WESTBROOKE v. ESHAGHIAN


21 A.D.3d 817 (2005)

802 N.Y.S.2d 11

KATHRYN WADE-WESTBROOKE, Respondent, v. EBRAHIM ESHAGHIAN et al., Appellants, and XYZ CLEANING CONTRACTORS, INC., Respondent. (And a Third-Party Action.)

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

September 20, 2005.


Appellants, in support of that branch of their motion seeking summary judgment dismissing the complaint, failed to make the requisite showing that they had neither actual nor constructive notice of the alleged hazard. While appellants stress that plaintiff did not notice the hazard on the morning of, and just prior to the accident, that circumstance does not definitively establish their lack of notice (see Straus v. New Wah Fung Corp., 269 A.D.2d 140...

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