RODRIGUEZ v. 105 EAST CLARKE ASSOCIATES AND LLC


26 A.D.3d 204 (2006)

810 N.Y.S.2d 31

JAILEEN RODRIGUEZ, an Infant, By Her Natural Grandmother and Legal Guardian, ROSALINDA RODRIGUEZ, et al., Appellants, v. 105 EAST CLARKE ASSOCIATES AND LLC, Respondent.

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

February 9, 2006.


The infant plaintiff was injured on defendant's premises when an allegedly defective door slammed on her hand. Summary judgment was properly granted in the absence of evidence that defendant had actual or constructive notice of an allegedly defective condition (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836 [1986]). Defendant established prima facie its entitlement to summary judgment by providing evidence that the...

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