LENNARD v. MENDIK REALTY CORP.


43 A.D.3d 279 (2007)

840 N.Y.S.2d 591

MARGO LENNARD, Respondent, v. MENDIK REALTY CORP. et al., Appellants and Third-Party Plaintiffs. CITY OF NEW YORK, Third-Party Defendant-Respondent.

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

Decided August 9, 2007.


In this matter, the Court of Appeals has determined that summary judgment dismissing the complaint was not appropriate because "[d]efendants, owners and managers of the premises, failed to establish that they lacked constructive notice of the allegedly defective floor tiles as a matter of law...." (Id. at 910, citing Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837 [1986]; Chapman v Silber,

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